[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)]
[Proposed Rules]
[Pages 3677-3678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00577]


 ========================================================================
 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. 82, No. 8 / Thursday, January 12, 2017 / 
Proposed Rules  

[[Page 3677]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AN48


Prevailing Rate Systems; Redefinition of Certain Nonappropriated 
Fund Federal Wage System Wage Areas

AGENCY: U.S. Office of Personnel Management.

ACTION: Proposed rule with request for comments.

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

SUMMARY: This rule proposes to amend the geographic boundaries of 
several nonappropriated fund (NAF) Federal Wage System (FWS) wage 
areas. Based on recommendations of the Federal Prevailing Rate Advisory 
Committee (FPRAC), the U.S. Office of Personnel Management (OPM) would 
define Lee County, Florida, as an area of application county to the 
Hillsborough, FL, NAF FWS wage area; Leon County, FL, as an area of 
application county to the Lowndes, Georgia, NAF FWS wage area; Fulton 
County, GA, as an area of application county to the Cobb, GA, NAF FWS 
wage area; and Lane County, Oregon, as an area of application county to 
the Pierce, Washington, NAF FWS wage area. These changes are necessary 
because there are NAF FWS employees working in these four counties, and 
the counties are not currently defined to NAF wage areas. In addition, 
OPM is proposing to remove Mississippi County, AR, from the wage area 
definition of the Shelby, TN, NAF FWS wage area because there are no 
longer NAF FWS employees working in the county.

DATES: We must receive comments on or before February 13, 2017.

ADDRESSES: You may submit comments, identified by RIN 3206-AN48, using 
any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Mail: Brenda L. Roberts, 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].

FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, by telephone at 
(202) 606-2838 or by email at [email protected].

SUPPLEMENTARY INFORMATION: OPM is issuing a proposed rule that would 
make changes to several NAF FWS wage area definitions. The Department 
of Veterans Affairs notified OPM that the Veterans Canteen Service 
(VCS) now employs NAF FWS employees in Lee and Leon Counties, FL; 
Fulton County, GA; and Lane County, OR. In addition, OPM is proposing 
to remove Mississippi County, AR, from the wage area definition of the 
Shelby, TN, NAF FWS wage area because there are no longer NAF FWS 
employees working in the county.
    Under Sec.  532.219 of title 5, Code of Federal Regulations (CFR), 
each NAF wage area ``shall consist of one or more survey areas, along 
with nonsurvey areas, if any, having nonappropriated fund employees.'' 
Lee, Leon, Fulton, and Lane Counties do not meet the regulatory 
criteria under 5 CFR 532.219 to be established as separate NAF wage 
areas; however, nonsurvey counties may be combined with a survey area 
to form a wage area. Section 532.219 lists the regulatory criteria that 
OPM considers when defining FWS wage area boundaries:
    (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.
    OPM recently completed reviews of the definitions of Lee, Leon, 
Fulton, Lane, and Mississippi Counties and is proposing the changes 
described below. FPRAC, the national labor-management committee 
responsible for advising OPM on matters concerning the pay of FWS 
employees, recommended these changes by consensus. These changes would 
apply on the first day of the first applicable pay period beginning on 
or after 30 days following publication of the final regulations.

Lee County, FL

    Lee County would be defined as an area of application county to the 
Hillsborough, FL, NAF FWS wage area. The proximity criterion favors the 
Hillsborough wage area. The transportation facilities criterion favors 
the Hillsborough wage area. The commuting patterns criterion does not 
favor one wage area more than another. The overall population, 
employment sizes, and kinds and sizes of private industrial 
establishments criterion does not favor one wage area more than 
another. While a standard review of regulatory criteria shows mixed 
results, the proximity criterion solidly favors the Hillsborough wage 
area.
    With the definition of Lee County to the Hillsborough NAF wage 
area, the Hillsborough wage area would consist of one survey county, 
Hillsborough County, and three area of application counties: Lee, 
Pinellas, and Polk Counties, FL.

Leon County, FL

    Leon County would be defined as an area of application county to 
the Lowndes, GA, NAF FWS wage area. The proximity criterion favors the 
Lowndes wage area. The transportation facilities and commuting patterns 
criterion does not favor one wage area more than another. Although the 
overall population, employment sizes, and kinds and sizes of private 
industrial establishments criterion does not favor one wage area more 
than another, the industrial distribution pattern for Leon County is 
similar to the Lowndes survey area. Based on this analysis, we 
recommend that Leon County be defined to the Lowndes NAF wage area.
    With the definition of Leon County to the Lowndes NAF wage area, 
the Lowndes wage area would consist of one survey county, Lowndes 
County, GA, and one area of application county, Leon County, FL.

Fulton County, GA

    Fulton County would be defined as an area of application county to 
the Cobb, GA, NAF FWS wage area. The closest NAF wage area to Fulton 
County is the Cobb wage area. There are no other NAF wage areas in the 
immediate vicinity of Fulton County. The VCS No.357 is located 
approximately 22 miles from Dobbins Air Reserve Base, the Cobb wage 
area's host activity. Based on this

[[Page 3678]]

analysis, we recommend that Fulton County be defined to the Cobb NAF 
wage area.
    With the definition of Fulton County to the Cobb NAF wage area, the 
Cobb wage area would consist of one survey county, Cobb County, GA, and 
three area of application counties: Bartow, De Kalb, and Fulton 
Counties, GA.

Lane County, OR

    Lane County would be defined as an area of application county to 
the Pierce, WA, NAF FWS wage area. The closest NAF wage area to Lane 
County is the Pierce, WA, wage area. There are no other NAF wage areas 
in the immediate vicinity of Lane County. While VCS No. 356 is located 
approximately 240 miles from Joint Base Lewis-McChord, the Pierce wage 
area's host activity, Lane County is adjacent to two counties currently 
defined to the Pierce wage area: Coos and Douglas Counties, OR. Based 
on this analysis, we recommend that Lane County be defined to the 
Pierce NAF wage area.
    With the definition of Lane County to the Pierce NAF wage area, the 
Pierce wage area would consist of one survey county, Pierce County, WA, 
and eight area of application counties: Clatsop, Coos, Douglas, Lane, 
Multnomah, and Tillamook Counties, OR, and Clark and Grays Harbor, WA.

Mississippi County, AR

    Mississippi County would be removed as an area of application 
county to the Shelby, TN, NAF FWS wage area. No NAF FWS employment has 
been reported in Mississippi County since the closure of Eaker Air 
Force Base in 1992, and NAF employers have no plans to establish an 
activity there in the future. 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, 
Mississippi County should not be defined as part of an NAF wage area.
    With the removal of Mississippi County from the Shelby NAF wage 
area, the Shelby wage area would consist of one survey county, Shelby 
County, TN, and one area of application county, Butler County, MO.

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.
Beth F. Cobert,
Acting Director.

    Accordingly, OPM is proposing to amend 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 D to Subpart B of Part 532--Nonappropriated Fund Wage and 
Survey Areas

0
2. Appendix D to Subpart B is amended by revising the wage area listing 
for the Hillsborough, FL; Cobb, GA; Lowndes, GA; Shelby, TN; and 
Pierce, WA, wage areas to read as follows:

 
 
 
                                * * * * *
                                 FLORIDA
                                * * * * *
                              Hillsborough
                               Survey Area
Florida:
  Hillsborough
                 Area of Application. Survey area plus:
Florida:
  Lee
  Pinellas
  Polk
                                * * * * *
                                 GEORGIA
                                * * * * *
                                  Cobb
                               Survey Area
Georgia:
  Cobb
                 Area of Application. Survey area plus:
Georgia:
  Bartow
  De Kalb
  Fulton
                                * * * * *
                                 Lowndes
                               Survey Area
Georgia:
  Lowndes
                 Area of Application. Survey area plus:
Florida:
  Leon
                                * * * * *
                                TENNESSEE
                                 Shelby
                               Survey Area
Tennessee:
  Shelby
                 Area of Application. Survey area plus:
Missouri:
  Butler
                                * * * * *
                               WASHINGTON
                                * * * * *
                                 Pierce
                               Survey Area
Washington:
  Pierce
                 Area of Application. Survey area plus:
Oregon:
  Clatsop
  Coos
  Douglas
  Multnomah
  Tillamook
Washington:
  Clark
  Grays Harbor
  Lane
                                * * * * *
 

[FR Doc. 2017-00577 Filed 1-11-17; 8:45 a.m.]
 BILLING CODE 6325-39-P