[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Proposed Rules]
[Pages 57651-57653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20248]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AO46


Prevailing Rate Systems; Definition of San Mateo County, 
California, to a Nonappropriated Fund Federal Wage System Wage Area

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

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SUMMARY: The Office of Personnel Management (OPM) is proposing a rule 
to define San Mateo County, California, as an area of application 
county to the Monterey, CA, nonappropriated fund (NAF) Federal Wage 
System (FWS) wage area. This change is necessary because there are 
three NAF FWS employees working in San Mateo County, and the county is 
not currently defined to a NAF wage area.

DATES: Send comments on or before October 21, 2022.

ADDRESSES: You may submit comments, identified by docket number and/or 
Regulatory Information Number (RIN) and title, by the following method:
     Federal Rulemaking Portal: https://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 https://www.regulations.gov 
as they are received without change, including any personal identifiers 
or contact information.

[[Page 57652]]


FOR FURTHER INFORMATION CONTACT: Ana Paunoiu, by telephone at (202) 
606-2858 or by email at [email protected].

SUPPLEMENTARY INFORMATION: OPM is proposing a rule to would define San 
Mateo County, CA, as an area of application to the Monterey, CA, NAF 
FWS wage area. The Department of Defense, on behalf of the Department 
of Veterans Affairs, notified OPM the Veterans Canteen Service now has 
three NAF FWS employees in San Mateo County.
    Under section 532.219 of title 5, Code of Federal Regulations, each 
NAF wage area ``shall consist of one or more survey areas, along with 
nonsurvey areas, if any, having nonappropriated fund employees.'' San 
Mateo County does not meet the regulatory criteria under 5 CFR 532.219 
to be established as a separate NAF wage area; however, nonsurvey 
counties may be combined with a survey area to form a wage area. 
Section 532.219 lists the regulatory criteria OPM considers when 
defining FWS wage area boundaries. This regulation allows consideration 
of the following criteria: proximity of largest 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.
    San Mateo, CA, would be defined as an area of application to the 
Monterey, CA, NAF FWS wage area. The proximity criterion favors the 
Monterey wage area. The transportation facilities and 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 favors the Monterey wage area. 
Based on this analysis, we propose that San Mateo County be defined to 
the Monterey NAF wage area.
    With the definition of San Mateo County to the Monterey NAF wage 
area, the Monterey wage area would consist of one survey county 
(Monterey County, CA) and two area of application counties (San Mateo 
and Santa Clara Counties, CA). The Federal Prevailing Rate Advisory 
Committee, the national labor-management committee responsible for 
advising OPM on matters concerning the pay of FWS employees, 
recommended this change by consensus. This change 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.

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).

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.

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,
Federal Register Liaison.

    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. In Appendix D to subpart B, amend the table in paragraph (3) by 
revising the wage area listing for CALIFORNIA, to read as follows:

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

* * * * *

Definitions of Wage Areas and Wage Area Survey Areas

 
 
 
 
                                * * * * *
                               CALIFORNIA
                                  Kern
                               Survey Area
 
California:
  Kern
 
                 Area of Application. Survey area plus:
 
California:
  Fresno
  Kings
 
                               Los Angeles
                               Survey Area
 
California:
  Los Angeles
 
                    Area of Application. Survey area.
 
                                Monterey
                               Survey Area
 
California:
  Monterey
 
                 Area of Application. Survey area plus:
 
California:
  San Mateo
  Santa Clara
 
                                 Orange
                               Survey Area
 
California:
  Orange
 
                    Area of Application. Survey area.
 
                                Riverside
                               Survey Area
 
California:
  Riverside
 
                    Area of Application. Survey area.
 
                               Sacramento
                               Survey Area
 
California:
  Sacramento
 
                 Area of Application. Survey area plus:
 
California:
  Yuba
Oregon:
  Jackson
  Klamath
 
                              San Bernadino
                               Survey Area
 
California:
  San Bernadino
 
                    Area of Application. Survey area.
 
                                San Diego
                               Survey Area
 
California:
  San Diego
 
                    Area of Application. Survey area.
 
                               San Joaquin
                               Survey Area
 
California:

[[Page 57653]]

 
  San Joaquin
 
                    Area of Application. Survey area.
 
                              Santa Barbara
                               Survey Area
 
California:
  Santa Barbara
 
                 Area of Application. Survey area plus:
 
California:
  San Luis Obispo
 
                                 Solano
                               Survey Area
 
California:
  Solano
 
                 Area of Application. Survey area plus:
 
California:
  Alameda
  Contra Costa
  Marin
  Napa
  San Francisco
  Sonoma
 
                                 Ventura
                               Survey Area
 
California:
  Ventura
 
                    Area of Application. Survey area.
 
                                * * * * *
 

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[FR Doc. 2022-20248 Filed 9-20-22; 8:45 am]
BILLING CODE 6325-39-P