[Federal Register Volume 84, Number 30 (Wednesday, February 13, 2019)]
[Proposed Rules]
[Pages 3729-3730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02113]


 ========================================================================
 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. 84, No. 30 / Wednesday, February 13, 2019 / 
Proposed Rules  

[[Page 3729]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AN76


Prevailing Rate Systems; Special Appropriated Fund Wage Schedules 
for U.S. Insular Areas

AGENCY: Office of Personnel Management.

ACTION: Proposed rule with request for comments.

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SUMMARY: The Office of Personnel Management (OPM) is issuing a proposed 
rule that would amend the special appropriated fund wage schedules for 
U.S. insular areas, to designate the Department of Defense (DOD) as the 
sole lead agency for American Samoa, the Commonwealth of the Northern 
Mariana Islands, Guam, Midway, and the U.S. Virgin Island. The Federal 
Prevailing Rate Advisory Committee (FPRAC) approved this change by 
consensus.

DATES: We must receive comments on or before March 15, 2019.

ADDRESSES: You may submit comments, identified by docket number and/or 
Regulatory Information Number (RIN) and title, by the following method:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    All submissions received must include the agency name and docket 
number or RIN for this document. The general policy for comments and 
other submissions from members of the public is to make these 
submissions available for public viewing at http://www.regulations.gov 
as they are received without change, including any personal identifiers 
or contact information.

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 to amend 
section 532.259(a) of title 5, Code of Federal Regulations. This 
section provides that lead agencies establish and issue special wage 
schedules for U.S. civil service wage employees in certain U.S. insular 
areas.
    When the Federal Wage System (FWS) was established in 1972, certain 
agency policies and practices, including the special wage schedules for 
U.S. civil service wage employees in certain U.S. insular areas, were 
continued as special schedules under the FWS. These U.S. insular areas 
special schedules are currently codified in 5 CFR 532.259. Section 
532.259(a) lists DOD as the lead agency for Guam, Midway, and the U.S. 
Virgin Islands; the Department of Transportation (DOT) as the lead 
agency for American Samoa; and the Department of the Interior (DOI) as 
the lead agency for the Commonwealth of the Northern Mariana Islands. 
DOT was given lead agency responsibility for American Samoa and DOI was 
given lead agency responsibility for the Commonwealth of the Northern 
Mariana Islands because they were the only agencies with wage employees 
in those duty locations at the time the original lead agency 
determinations were made.
    The Department of the Army now has five wage employees in American 
Samoa. DOI has two wage employees in American Samoa and four wage 
employees in the Commonwealth of the Northern Mariana Islands. DOT no 
longer has wage employees in American Samoa.
    Under 5 CFR 532.259(b), the special schedules for U.S. insular 
areas must be established at the same time and with rates identical to 
the foreign area appropriated fund wage schedules established under 
section 532.255. DOD is the lead agency for the foreign area 
appropriated fund wage schedules.
    Since these U.S. insular areas special schedules must be identical 
to the foreign wage schedule issued by DOD, the administration of the 
U.S. insular areas wage schedules would be streamlined if DOD becomes 
the sole lead agency issuing these special schedules. DOT and DOI agree 
with this determination.
    FPRAC, the national labor-management committee responsible for 
advising OPM on matters concerning the pay of FWS employees, reviewed 
and concurred by consensus with these changes. 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.

Regulatory Impact Analysis

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993) 
and is therefore not subject to review under E.O. 12866 and 13563 (76 
FR 3821, January 21, 2011)

Reducing Regulation and Controlling Regulatory Costs

    This proposed rule is not expected to be subject to the 
requirements of E.O. 13771 because this proposed rule is not 
significant under E.O. 12866.

Regulatory Flexibility Act

    OPM certifies that this proposed rule will not have a significant 
economic impact on a substantial number of small entities because they 
will affect only Federal agencies and employees.

Federalism

    We have examined this rulemaking in accordance with Executive Order 
13132, Federalism, and have determined that this proposed rule will not 
have any negative impact on the rights, roles and responsibilities of 
State, local, or tribal governments.

Civil Justice Reform

    This proposed regulation meets the applicable standard set forth in 
Executive Order 12988.

Unfunded Mandates Act of 1995

    This proposed rule will not result in the expenditure by State, 
local, and tribal governments, in the aggregate, or by the private 
sector, of $100 million or more in any year and it will not 
significantly or uniquely affect small governments. Therefore, no 
actions were deemed necessary under the provisions of the Unfunded 
Mandates Reform Act of 1995.

Congressional Review Act

    This action pertains to agency management, personnel, and 
organization and does not substantially affect the rights or 
obligations of nonagency parties and, accordingly, is not a ``rule'' as 
that term is used by the Congressional Review Act (Subtitle E of the 
Small Business Regulatory

[[Page 3730]]

Enforcement Fairness Act of 1996 (SBREFA)). Therefore, the reporting 
requirement of 5 U.S.C. 801 does not apply.

Paperwork Reduction Act

    This proposed rule does not impose any new reporting or record-
keeping requirements subject to the Paperwork Reduction Act.

List of Subjects in 5 CFR Part 532

    Administrative practice and procedure, Freedom of information, 
Government employees, Reporting and recordkeeping requirements, Wages.

Office of Personnel Management.
Alexys Stanley,
Regulatory Affairs Analyst.

    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.

0
2. Section 532.259 is amended by revising paragraph (a) to read as 
follows:


Sec.  532.259  Special appropriated fund wage schedules for U.S. 
insular areas

    (a) The lead agency shall establish and issue special wage 
schedules for U.S. civil service wage employees in certain U.S. insular 
areas. The Department of Defense is the lead agency for American Samoa, 
the Commonwealth of the Northern Mariana Islands, Guam, Midway, and the 
U.S. Virgin Islands. These schedules shall provide rates of pay for 
nonsupervisory, leader, supervisory, and production facilitating 
employees.
* * * * *
[FR Doc. 2019-02113 Filed 2-12-19; 8:45 am]
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