[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Rules and Regulations]
[Pages 31785-31787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13701]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AM38


Prevailing Rate Systems; Abolishment of Cumberland, ME, as a 
Nonappropriated Fund Federal Wage System Wage Area

AGENCY: U.S. Office of Personnel Management.

ACTION: Interim rule with request for comments.

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SUMMARY: The U.S. Office of Personnel Management is issuing an interim 
rule

[[Page 31786]]

to abolish the Cumberland, Maine, nonappropriated fund (NAF) Federal 
Wage System (FWS) wage area and redefine Cumberland, Kennebec, and 
Penobscot Counties, ME, to the York, ME, NAF wage area. Aroostook, 
Hancock, Knox, Sagadahoc, and Washington Counties, ME, will no longer 
be defined. These changes are necessary because the closure of the 
Naval Air Station Brunswick will leave the Cumberland wage area without 
an activity having the capability to conduct a local wage survey.

DATES: Effective date: This regulation is effective on June 2, 2011. We 
must receive comments on or before July 5, 2011. Applicability date: 
FWS employees remaining in the Cumberland wage area will be transferred 
to the York wage area schedule on the first day of the first applicable 
pay period beginning on or after July 25, 2011.

ADDRESSES: Send or deliver comments to Jerome D. Mikowicz, Deputy 
Associate Director for Pay and Leave, Employee Services, 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 Cumberland, Maine, nonappropriated fund 
(NAF) Federal Wage System (FWS) wage area is presently composed of one 
survey county, Cumberland County, ME, and seven area of application 
counties, Aroostook, Hancock, Kennebec, Knox, Penobscot, Sagadahoc, and 
Washington Counties, ME. Under section 532.219 of title 5, Code of 
Federal Regulations, the U.S. Office of Personnel Management (OPM) may 
establish an NAF wage area when there are a minimum of 26 NAF wage 
employees in the survey area, the local activity has the capability to 
host annual local wage surveys, and the survey area has at least 1,800 
private enterprise employees in establishments within survey 
specifications. The Department of Defense (DOD) notified OPM that the 
imminent closure of the Naval Air Station Brunswick will leave the 
Cumberland NAF wage area without an activity having the capability to 
conduct a local wage survey. The NAF FWS employment in Cumberland 
County is currently 10 employees at the Navy Exchange, 17 employees at 
Morale, Welfare, and Recreation, and 2 employees at the Coast Guard 
Exchange System. DOD recommended that OPM abolish the Cumberland NAF 
FWS wage area and redefine Cumberland, Kennebec, and Penobscot 
Counties, ME, to the York, ME, NAF wage area.
    Since Cumberland, Kennebec, and Penobscot Counties will have 
continuing NAF employment and do not meet the regulatory criteria under 
5 CFR 532.219 to be separate survey areas, they must be areas of 
application. In defining counties as area of application counties, OPM 
considers the following criteria:
    (i) Proximity of largest facilities activity in each county;
    (ii) Transportation facilities and commuting patterns; and
    (iii) Similarities of the counties in:
    (A) Overall population;
    (B) Private employment in major industry categories; and
    (C) Kinds and sizes of private industrial establishments.
    In selecting a wage area to which Cumberland, Kennebec, and 
Penobscot Counties should be redefined, all criteria favor the York NAF 
wage area. Based on the application of the regulatory criteria, OPM is 
defining Cumberland, Kennebec, and Penobscot Counties as area of 
application counties to the York NAF wage area.
    OPM is removing Aroostook, Hancock, Knox, Sagadahoc, and Washington 
Counties from the wage area definition. There are no longer NAF FWS 
employees working in Aroostook, Hancock, Knox, Sagadahoc, and 
Washington Counties. 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, 
Aroostook, Hancock, Knox, Sagadahoc, and Washington Counties should not 
be defined as part of an NAF wage area.
    The York NAF wage area would consist of one survey county, York 
County, ME, and five area of application counties: Cumberland, 
Kennebec, and Penobscot Counties, ME; Rockingham County, NH; and 
Windsor County, VT. FWS employees remaining in the Cumberland wage area 
will be transferred to the York wage area schedule on the first day of 
the first applicable pay period beginning on or after July 25, 2011. 
The Federal Prevailing Rate Advisory Committee, the national labor-
management committee responsible for advising OPM on matters concerning 
the pay of FWS employees, has reviewed and recommended these changes by 
consensus.

Waiver of Notice of Proposed Rulemaking and Delay in Effective Date

    Pursuant to 5 U.S.C. 553(b)(3)(B) and (d)(3), OPM finds that good 
cause exists to waive the general notice of proposed rulemaking. Also 
pursuant to 5 U.S.C. 553(d)(3), OPM finds that good cause exists for 
making this rule effective in less than 30 days. This notice is being 
waived and the regulation is being made effective in less than 30 days 
because the imminent closure of the Naval Air Station Brunswick will 
leave the Cumberland wage area without an activity having the 
capability to conduct a local wage survey and the remaining NAF FWS 
employees in Cumberland, Kennebec, and Penobscot Counties must be 
transferred to a continuing wage area as soon as possible.

Regulatory Flexibility Act

    OPM certifies that these regulations will not have a significant 
economic impact on a substantial number of small entities because they 
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.

U.S. Office of Personnel Management.
John Berry,
Director.
    Accordingly, the U.S. 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.

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

0
2. Appendix B to subpart B is amended by removing, under the State of 
Maine, ``Cumberland.''

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

0
3. Appendix D to subpart B is amended for the State of Maine by 
removing the wage area listing for Cumberland, Maine, and revising the 
wage area listing for York, Maine, to read as follows:
* * * * *

[[Page 31787]]

Maine

York

Survey Area

Maine:
    York

Area of application. Survey area plus:

Maine:
    Cumberland
    Kennebec
    Penobscot
New Hampshire:
    Rockingham
Vermont:
    Windsor
* * * * *
[FR Doc. 2011-13701 Filed 6-1-11; 8:45 am]
BILLING CODE 6325-39-P