[Federal Register Volume 84, Number 157 (Wednesday, August 14, 2019)]
[Proposed Rules]
[Pages 40297-40299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17413]


 ========================================================================
 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. 84, No. 157 / Wednesday, August 14, 2019 / 
Proposed Rules  

[[Page 40297]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AN87


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

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

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

SUMMARY: The Office of Personnel Management (OPM) is issuing a proposed 
rule that would redefine the geographic boundaries of several 
appropriated fund Federal Wage System (FWS) wage areas for pay-setting 
purposes. Based on recent reviews of Metropolitan Statistical Area 
(MSA) boundaries in a number of wage areas, OPM proposes redefinitions 
affecting the following wage areas: Washington, DC; Hagerstown-
Martinsburg-Chambersburg, MD; Detroit, MI; Jackson, MS; Meridian, MS; 
and Cleveland, OH.

DATES: Send comments on or before September 13, 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 redefine 
the geographic boundaries of several appropriated fund FWS wage areas. 
These changes are based on recommendations of the Federal Prevailing 
Rate Advisory Committee (FPRAC), the statutory national labor-
management committee responsible for advising OPM on matters affecting 
the pay of FWS employees. From time to time, FPRAC reviews the 
boundaries of wage areas and provides OPM with recommendations for 
changes if the Committee finds that changes are warranted.
    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.
    In addition, OPM regulations at 5 CFR 532.211 do not permit 
splitting MSAs for the purpose of defining a wage area, except in very 
unusual circumstances.
    The Office of Management and Budget (OMB) defines MSAs and 
maintains and periodically updates the definitions of MSA boundaries. 
MSAs are composed of counties and are defined on the basis of a central 
urbanized area--a contiguous area of relatively high population 
density. Additional surrounding counties are included in MSAs if they 
have strong social and economic ties to central counties.
    When the boundaries of wage areas were first established in the 
1960s, there were fewer MSAs than there are today and the boundaries of 
the then existing MSAs were much smaller. Most MSAs were contained 
within the boundaries of a wage area. With each OMB update, MSAs have 
expanded and in some cases now extend beyond the boundaries of the wage 
area.
    FPRAC recently reviewed several wage areas where boundaries 
subdivide certain MSAs and has recommended by consensus that OPM 
implement the changes described in this proposed rule. These changes 
would be effective on the first day of the first applicable pay period 
beginning on or after 30 days following publication of the final 
regulations.

Washington-Arlington-Alexandria, DC-VA-MD-WV MSA

    Washington, DC; Calvert, Charles, Frederick, Montgomery, and Prince 
George's Counties, MD; Alexandria, Fairfax, Falls Church, 
Fredericksburg, Manassas, and Manassas Park Cities, VA; Arlington, 
Clarke, Culpeper, Fairfax, Fauquier, Loudoun, Madison, Prince William, 
Rappahannock, Spotsylvania, Stafford, and Warren Counties, VA; and 
Jefferson County, WV, comprise the Washington-Arlington-Alexandria, DC-
MD-VA-WV MSA.
    The Washington-Arlington-Alexandria MSA is split between the 
Washington, DC, wage area and the Hagerstown-Martinsburg-Chambersburg, 
MD, wage area. Washington, DC; Charles, Frederick, Montgomery, and 
Prince George's Counties, MD; Alexandria, Fairfax, Falls Church, 
Manassas, and Manassas Park Cities, VA; and Arlington, Fairfax, 
Loudoun, and Prince William Counties, VA, are part of the Washington, 
DC, survey area. Calvert County, MD; Fredericksburg City, VA; Clarke, 
Culpeper, Fauquier, Rappahannock, Spotsylvania, Stafford, and Warren 
Counties, VA; and Jefferson County, WV, are part of the Washington, DC, 
area of application. Madison County, VA, is part of the Hagerstown-
Martinsburg-Chambersburg area of application.
    OPM proposes to redefine Madison County to the Washington, DC, area 
of application so that the entire Washington-Arlington-Alexandria, DC-
VA-MD-WV MSA is in one wage area. There are currently 44 FWS employees 
working in Madison County.

Toledo, OH MSA

    Fulton, Lucas, Ottawa, and Wood Counties, OH, comprise the Toledo, 
OH MSA.
    The Toledo MSA is split between the Cleveland, OH, wage area and 
the Detroit, MI, wage area. Ottawa County is part of the Cleveland area 
of application while Fulton, Lucas, and Wood Counties are part of the 
Detroit area of application.
    OPM proposes to redefine Ottawa County to the Detroit area of 
application so that the entire Toledo, OH MSA is in one wage area. 
There are currently 38 FWS employees working in Ottawa County.

[[Page 40298]]

Hattiesburg, MS MSA

    Covington, Forrest, Lamar, and Perry Counties, MS, comprise the 
Hattiesburg, MS MSA.
    The Hattiesburg MSA is split between the Jackson, MS, wage area and 
the Meridian, MS, wage area. Covington County is part of the Jackson 
area of application. Forrest and Lamar Counties are part of the 
Meridian survey area while Perry County is part of the Meridian area of 
application.
    OPM proposes to redefine Covington County to the Meridian area of 
application so that the entire Hattiesburg, MS MSA is in one wage area. 
There are currently no FWS employees working in Covington County.

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 rule is not an Executive Order 13771 regulatory action because 
this rule is not significant under E.O. 12866.

Regulatory Flexibility Act

    OPM certifies that this rule will not have a significant economic 
impact on a substantial number of small entities.

Federalism

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

Civil Justice Reform

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

Unfunded Mandates Act of 1995

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

Paperwork Reduction Act

    This 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.
Stephen Hickman,
Regulatory Affairs.

    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. Appendix C to subpart B is amended by revising the wage area 
listings for the Washington, DC; Hagerstown-Martinsburg-Chambersburg, 
MD; Detroit, MI; Jackson, MS; Meridian, MS; and, Cleveland, OH, wage 
areas to read as follows:

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

* * * * *

DISTRICT OF COLUMBIA

Washington, DC

Survey Area

District of Columbia:
    Washington, DC
Maryland:
    Charles
    Frederick
    Montgomery
    Prince George's
Virginia (cities):
    Alexandria
    Fairfax
    Falls Church
    Manassas
    Manassas Park
Virginia (counties):
    Arlington
    Fairfax
    Loudoun
    Prince William

    Area of Application. Survey area plus:

Maryland:
    Calvert
    St. Mary's
Virginia (city):
    Fredericksburg
Virginia (counties):
    Clarke
    Culpeper
    Fauquier
    King George
    Madison
    Rappahannock
    Spotsylvania
    Stafford
    Warren
West Virginia:
    Jefferson
* * * * *

MARYLAND

* * * * *

Hagerstown-Martinsburg-Chambersburg

Survey Area

Maryland:
    Washington
Pennsylvania:
    Franklin
West Virginia:
    Berkeley

    Area of Application. Survey area.

Maryland:
    Allegany
    Garrett
Pennsylvania:
    Fulton
Virginia (cities):
    Harrisonburg
    Winchester
Virginia (counties):
    Frederick
    Page
    Rockingham
    Shenandoah
West Virginia:
    Hampshire
    Hardy
    Mineral
    Morgan
* * * * *

MICHIGAN

Detroit

Survey Area

Michigan:
    Lapeer
    Livingston
    Macomb
    Oakland
    St. Clair
    Wayne

    Area of Application. Survey area.

Michigan:
    Arenac
    Bay
    Clare
    Clinton
    Eaton
    Genesee
    Gladwin
    Gratiot
    Huron

[[Page 40299]]

    Ingham
    Isabella
    Lenawee
    Midland
    Monroe
    Saginaw
    Sanilac
    Shiawassee
    Tuscola
    Washtenaw
Ohio:
    Fulton
    Lucas
    Ottawa
    Wood
* * * * *

MISSISSIPPI

* * * * *

Jackson

Survey Area

Mississippi:
    Hinds
    Rankin
    Warren

    Area of Application. Survey area.

Mississippi:
    Adams
    Amite
    Attala
    Claiborne
    Copiah
    Franklin
    Holmes
    Humphreys
    Issaquena
    Jefferson
    Jefferson Davis
    Lawrence
    Lincoln
    Madison
    Marion
    Pike
    Scott
    Sharkey
    Simpson
    Smith
    Walthall
    Wilkinson
    Yazoo

Meridian

Survey Area

Alabama:
    Choctaw
Mississippi:
    Forrest
    Lamar
    Lauderdale

    Area of Application. Survey area plus:

Alabama:
    Sumter
Mississippi:
    Clarke
    Covington
    Greene
    Jasper
    Jones
    Kemper
    Leake
    Neshoba
    Newton
    Perry
    Wayne
* * * * *

OHIO

* * * * *

Cleveland

Survey Area

Ohio:
    Cuyahoga
    Geauga
    Lake
    Medina

    Area of Application. Survey area plus:

Ohio:
    Ashland
    Ashtabula
    Carroll
    Columbiana
    Erie
    Huron
    Lorain
    Mahoning
    Portage
    Sandusky
    Seneca
    Stark
    Summit
    Trumbull
    Wayne
Pennsylvania:
    Mercer
* * * * *
[FR Doc. 2019-17413 Filed 8-13-19; 8:45 am]
 BILLING CODE 6325-39-P