[Federal Register Volume 76, Number 165 (Thursday, August 25, 2011)]
[Rules and Regulations]
[Pages 53045-53046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21776]



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  Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / 
Rules and Regulations  

[[Page 53045]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AM49


Prevailing Rate Systems; Abolishment of Monmouth, NJ, as a 
Nonappropriated Fund Federal Wage System Wage Area

AGENCY: U.S. Office of Personnel Management.

ACTION: Interim rule with request for comments.

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

SUMMARY: The U.S. Office of Personnel Management is issuing an interim 
rule to abolish the Monmouth, New Jersey, nonappropriated fund (NAF) 
Federal Wage System (FWS) wage area and redefine Monmouth County, NJ, 
to the Burlington, NJ, NAF wage area. These changes are necessary 
because the closure of Fort Monmouth will leave the Monmouth wage area 
without an activity having the capability to conduct a local wage 
survey.

DATES: Effective date: This regulation is effective on August 25, 2011. 
We must receive comments on or before September 26, 2011. Applicability 
date: FWS employees remaining in the Monmouth wage area will be 
transferred to the Burlington wage area schedule on the first day of 
the first applicable pay period beginning on or after October 15, 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; email [email protected]; or FAX: (202) 606-4264.

FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, (202) 606-2838; 
email [email protected]; or FAX: (202) 606-4264.

SUPPLEMENTARY INFORMATION: The Monmouth, New Jersey, nonappropriated 
fund (NAF) Federal Wage System (FWS) wage area is presently composed of 
one survey county, Monmouth County, NJ. 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 Fort Monmouth will leave the Monmouth NAF 
wage area without an activity having the capability to conduct a local 
wage survey. After the closure of Fort Monmouth, only 12 employees at 
Naval Weapons Station Earle (NWS Earle) will remain in the wage area. 
DOD recommended that OPM abolish the Monmouth NAF FWS wage area and 
redefine Monmouth County to the Burlington, NJ, NAF wage area.
    Since Monmouth County will have continuing NAF employment and does 
not meet the regulatory criteria under 5 CFR 532.219 to be a separate 
survey area, it must be an area of application. In defining counties as 
area of application counties, OPM considers the following criteria:
     Proximity of largest facilities activity in each county;
     Transportation facilities and commuting patterns; and
     Similarities of the counties in: overall population; 
private employment in major industry categories; and kinds and sizes of 
private industrial establishments.
    In selecting a wage area to which Monmouth County should be 
redefined, proximity favors the Burlington NAF wage area. Distance was 
measured from NWS Earle because after the closure of Fort Monmouth, it 
will be the only installation remaining in Monmouth County with NAF FWS 
employees. The transportation facilities and commuting patterns 
criteria do not favor one wage area more than another. Monmouth County 
resembles the Burlington survey area in both the overall population and 
employment criteria and in the kinds and sizes of private industrial 
establishments criterion. In addition, Monmouth County is adjacent to 
the Burlington survey area. Based on the application of the regulatory 
criteria, OPM has determined that Monmouth County should be redefined 
as an area of application to the Burlington NAF wage area.
    The proposed Burlington NAF wage area will consist of one survey 
county, Burlington County, NJ, and six areas of application counties: 
New Castle County, DE, and Atlantic, Cape May, Monmouth, Ocean, and 
Salem Counties, NJ. FWS employees remaining in the Monmouth wage area 
will be transferred to the Burlington wage area schedule on the first 
day of the first applicable pay period beginning on or after October 
15, 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), I find that good 
cause exists to waive the general notice of proposed rulemaking. Also 
pursuant to 5 U.S.C. 553(d)(3), I find 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 Fort Monmouth will leave the Monmouth 
wage area without an activity having the capability to conduct a local 
wage survey and the remaining NAF FWS employees in Monmouth County must 
be transferred to a continuing wage area as soon as possible in order 
to prevent a gap in coverage.

Regulatory Flexibility Act

    I certify 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.


[[Page 53046]]


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--Nationwide Schedule of 
Nonappropriated Fund Regular Wage Surveys

0
2. Appendix B to subpart B is amended by removing, under the State of 
New Jersey, ``Monmouth.''

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 New Jersey by 
removing the wage area listing for Monmouth, New Jersey, and revising 
the wage area listing for Burlington, New Jersey, to read as follows:

 
                                * * * * *
                               NEW JERSEY
                               Burlington
                               Survey Area
New Jersey:
  Burlington
 
                 Area of application. Survey area plus:
 
Delaware:
  New Castle
New Jersey:
  Atlantic
  Cape May
  Monmouth
  Ocean
  Salem
 
                                * * * * *
 

[FR Doc. 2011-21776 Filed 8-24-11; 8:45 am]
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