[Federal Register Volume 87, Number 232 (Monday, December 5, 2022)]
[Rules and Regulations]
[Pages 74289-74291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26427]



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 Rules and Regulations
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
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  Federal Register / Vol. 87, No. 232 / Monday, December 5, 2022 / 
Rules and Regulations  

[[Page 74289]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 531

RIN 3206-AO40


General Schedule Locality Pay Areas

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: On behalf of the President's Pay Agent, the Office of 
Personnel Management is issuing final regulations to establish Carroll 
County, IL, as an area of application to the Davenport-Moline, IA-IL 
locality pay area and Brooks County, TX, as an area of application to 
the Corpus Christi-Kingsville-Alice, TX, locality pay area. Those 
changes in the geographic definitions of those locality pay areas are 
applicable on the first day of the first pay period beginning on or 
after January 4, 2023.

DATES: The regulations are effective on the first day of the first pay 
period beginning on or after January 4, 2023. The regulations are 
applicable January 15, 2023.

FOR FURTHER INFORMATION CONTACT: Joe Ratcliffe by email at [email protected] or 202-936-3124.

SUPPLEMENTARY INFORMATION: Section 5304 of title 5, United States Code 
(U.S.C.), authorizes locality pay for General Schedule (GS) employees 
with duty stations in the United States and its territories and 
possessions. Section 5304(f) of title 5, United States Code, authorizes 
the President's Pay Agent (the Secretary of Labor, the Director of the 
Office of Management and Budget (OMB), and the Director of the Office 
of Personnel Management (OPM)) to determine locality pay areas. The 
boundaries of locality pay areas are based on appropriate factors, 
which may include local labor market patterns, commuting patterns, and 
the practices of other employers. The Pay Agent considers the views and 
recommendations of the Federal Salary Council, a body composed of 
experts in the fields of labor relations and pay policy and 
representatives of Federal employee organizations. The President 
appoints the members of the Council, which submits annual 
recommendations to the Pay Agent about the administration of the 
locality pay program, including the geographic boundaries of locality 
pay areas. (The Federal Salary Council's recommendations are posted on 
the OPM website at https://www.opm.gov/policy-data-oversight/pay-leave/pay-systems/general-schedule/#url=Federal-Salary-Council.) The 
establishment or modification of pay area boundaries conforms to the 
notice and comment provisions of the Administrative Procedure Act (5 
U.S.C. 553).
    On September 21, 2022, OPM published a proposed rule in the Federal 
Register on behalf of the Pay Agent. (See 87 FR 57650.) The proposed 
rule proposed establishing Carroll County, IL, as an area of 
application to the Davenport-Moline, IA-IL locality pay area and Brooks 
County, TX, as an area of application to the Corpus Christi-Kingsville-
Alice, TX, locality pay area.
    The proposed rule provided a 30-day comment period. Accordingly, 
the Pay Agent reviewed comments received through October 21, 2022. 
After considering those comments, the Pay Agent has decided to 
implement the locality pay area definitions in the proposed rule.

Impact and Implementation

    Including Carroll County, IL, as an area of application to the 
Davenport-Moline, IA-IL locality pay area will impact about 420 GS 
employees, and including Brooks County, TX, as an area of application 
to the Corpus Christi-Kingsville-Alice, TX, locality pay area will 
impact about 420 GS employees.

Comments on the Proposed Rule

    OPM received two separate comments suggesting that, based on living 
costs, locations be redesignated to comprise or be included in locality 
pay areas separate from the Rest of U.S. locality pay area. One of 
those comments concerned Puerto Rico, and the other comment concerned 
Tampa, FL. Those locations will remain in the Rest of U.S. locality pay 
area because they do not meet approved criteria to be established as a 
new locality pay area or to be included in a locality pay area separate 
from the Rest of U.S. Also, stakeholders should note that living costs 
are not directly considered in the locality pay program. Under 5 U.S.C. 
5304, locality pay rates are based on comparisons of GS pay and non-
Federal pay at the same work levels in a locality pay area. While 
relative living costs may indirectly affect non-Federal pay levels, 
living costs are just one of many factors that affect the supply of and 
demand for labor, and therefore labor costs, in a locality pay area.

Regulatory Impact Analysis

    OPM has examined the impact of this rule as required by Executive 
Order 12866 and Executive Order 13563, which direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public, 
health, and safety effects, distributive impacts, and equity). This 
rule is not a ``significant regulatory action,'' under Executive Order 
12866.

Regulatory Flexibility Act

    OPM certifies that this rule will not have a significant economic 
impact on a substantial number of small entities as this rule only 
applies to Federal agencies and employees.

Federalism

    OPM has examined this rule in accordance with Executive Order 
13132, Federalism, and has 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

[[Page 74290]]

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 531

    Government employees, Law enforcement officers, Wages.

Office of Personnel Management.
Stephen Hickman,
Federal Register Liaison.

    Accordingly, OPM is amending 5 CFR part 531 as follows:

PART 531--PAY UNDER THE GENERAL SCHEDULE

0
1. The authority citation for part 531 continues to read as follows:

    Authority:  5 U.S.C. 5115, 5307, and 5338; sec. 4 of Public Law 
103-89, 107 Stat. 981; and E.O. 12748, 56 FR 4521, 3 CFR, 1991 
Comp., p. 316; Subpart B also issued under 5 U.S.C. 5303(g), 5305, 
5333, 5334(a) and (b), and 7701(b)(2); Subpart D also issued under 5 
U.S.C. 5335 and 7701(b)(2); Subpart E also issued under 5 U.S.C. 
5336; Subpart F also issued under 5 U.S.C. 5304, 5305, and 5941(a); 
E.O. 12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 682; and E.O. 13106, 
63 FR 68151, 3 CFR, 1998 Comp., p. 224.

Subpart F--Locality-Based Comparability Payments

0
2. In Sec.  531.603, paragraph (b) is revised to read as follows:


Sec.  531.603  Locality pay areas.

* * * * *
    (b) The following are locality pay areas for the purposes of this 
subpart:
    (1) Alaska--consisting of the State of Alaska;
    (2) Albany-Schenectady, NY-MA--consisting of the Albany-
Schenectady, NY CSA and also including Berkshire County, MA;
    (3) Albuquerque-Santa Fe-Las Vegas, NM--consisting of the 
Albuquerque-Santa Fe-Las Vegas, NM CSA and also including McKinley 
County, NM;
    (4) Atlanta--Athens-Clarke County--Sandy Springs, GA-AL--consisting 
of the Atlanta--Athens-Clarke County--Sandy Springs, GA CSA and also 
including Chambers County, AL;
    (5) Austin-Round Rock, TX--consisting of the Austin-Round Rock, TX 
MSA;
    (6) Birmingham-Hoover-Talladega, AL--consisting of the Birmingham-
Hoover-Talladega, AL CSA and also including Calhoun County, AL;
    (7) Boston-Worcester-Providence, MA-RI-NH-ME--consisting of the 
Boston-Worcester-Providence, MA-RI-NH-CT CSA, except for Windham 
County, CT, and also including Androscoggin County, ME, Cumberland 
County, ME, Sagadahoc County, ME, and York County, ME;
    (8) Buffalo-Cheektowaga, NY--consisting of the Buffalo-Cheektowaga, 
NY CSA;
    (9) Burlington-South Burlington, VT--consisting of the Burlington-
South Burlington, VT MSA;
    (10) Charlotte-Concord, NC-SC--consisting of the Charlotte-Concord, 
NC-SC CSA;
    (11) Chicago-Naperville, IL-IN-WI--consisting of the Chicago-
Naperville, IL-IN-WI CSA;
    (12) Cincinnati-Wilmington-Maysville, OH-KY-IN--consisting of the 
Cincinnati-Wilmington-Maysville, OH-KY-IN CSA and also including 
Franklin County, IN;
    (13) Cleveland-Akron-Canton, OH--consisting of the Cleveland-Akron-
Canton, OH CSA and also including Harrison County, OH;
    (14) Colorado Springs, CO--consisting of the Colorado Springs, CO 
MSA and also including Fremont County, CO, and Pueblo County, CO;
    (15) Columbus-Marion-Zanesville, OH--consisting of the Columbus-
Marion-Zanesville, OH CSA;
    (16) Corpus Christi-Kingsville-Alice, TX--consisting of the Corpus 
Christi-Kingsville-Alice, TX CSA and also including Brooks County, TX;
    (17) Dallas-Fort Worth, TX-OK--consisting of the Dallas-Fort Worth, 
TX-OK CSA and also including Delta County, TX;
    (18) Davenport-Moline, IA-IL--consisting of the Davenport-Moline, 
IA-IL CSA and also including Carroll County, IL;
    (19) Dayton-Springfield-Sidney, OH--consisting of the Dayton-
Springfield-Sidney, OH CSA and also including Preble County, OH;
    (20) Denver-Aurora, CO--consisting of the Denver-Aurora, CO CSA and 
also including Larimer County, CO;
    (21) Des Moines-Ames-West Des Moines, IA--consisting of the Des 
Moines-Ames-West Des Moines, IA CSA;
    (22) Detroit-Warren-Ann Arbor, MI--consisting of the Detroit-
Warren-Ann Arbor, MI CSA;
    (23) Harrisburg-Lebanon, PA--consisting of the Harrisburg-York-
Lebanon, PA CSA, except for Adams County, PA, and York County, PA, and 
also including Lancaster County, PA;
    (24) Hartford-West Hartford, CT-MA--consisting of the Hartford-West 
Hartford, CT CSA and also including Windham County, CT, Franklin 
County, MA, Hampden County, MA, and Hampshire County, MA;
    (25) Hawaii--consisting of the State of Hawaii;
    (26) Houston-The Woodlands, TX--consisting of the Houston-The 
Woodlands, TX CSA and also including San Jacinto County, TX;
    (27) Huntsville-Decatur-Albertville, AL--consisting of the 
Huntsville-Decatur-Albertville, AL CSA;
    (28) Indianapolis-Carmel-Muncie, IN--consisting of the 
Indianapolis-Carmel-Muncie, IN CSA and also including Grant County, IN;
    (29) Kansas City-Overland Park-Kansas City, MO-KS--consisting of 
the Kansas City-Overland Park-Kansas City, MO-KS CSA and also including 
Jackson County, KS, Jefferson County, KS, Osage County, KS, Shawnee 
County, KS, and Wabaunsee County, KS;
    (30) Laredo, TX--consisting of the Laredo, TX MSA;
    (31) Las Vegas-Henderson, NV-AZ--consisting of the Las Vegas-
Henderson, NV-AZ CSA;
    (32) Los Angeles-Long Beach, CA--consisting of the Los Angeles-Long 
Beach, CA CSA and also including Imperial County, CA, Kern County, CA, 
San Luis Obispo County, CA, and Santa Barbara County, CA;
    (33) Miami-Fort Lauderdale-Port St. Lucie, FL--consisting of the 
Miami-Fort Lauderdale-Port St. Lucie, FL CSA and also including Monroe 
County, FL;
    (34) Milwaukee-Racine-Waukesha, WI--consisting of the Milwaukee-
Racine-Waukesha, WI CSA;
    (35) Minneapolis-St. Paul, MN-WI--consisting of the Minneapolis-St. 
Paul, MN-WI CSA;
    (36) New York-Newark, NY-NJ-CT-PA--consisting of the New York-
Newark, NY-NJ-CT-PA CSA and also including all of Joint Base McGuire-
Dix-Lakehurst;
    (37) Omaha-Council Bluffs-Fremont, NE-IA--consisting of the Omaha-
Council Bluffs-Fremont, NE-IA CSA;
    (38) Palm Bay-Melbourne-Titusville, FL--consisting of the Palm Bay-
Melbourne-Titusville, FL MSA;
    (39) Philadelphia-Reading-Camden, PA-NJ-DE-MD--consisting of the

[[Page 74291]]

Philadelphia-Reading-Camden, PA-NJ-DE-MD CSA, except for Joint Base 
McGuire-Dix-Lakehurst;
    (40) Phoenix-Mesa-Scottsdale, AZ--consisting of the Phoenix-Mesa-
Scottsdale, AZ MSA;
    (41) Pittsburgh-New Castle-Weirton, PA-OH-WV--consisting of the 
Pittsburgh-New Castle-Weirton, PA-OH-WV CSA;
    (42) Portland-Vancouver-Salem, OR-WA--consisting of the Portland-
Vancouver-Salem, OR-WA CSA;
    (43) Raleigh-Durham-Chapel Hill, NC--consisting of the Raleigh-
Durham-Chapel Hill, NC CSA and also including Cumberland County, NC, 
Hoke County, NC, Robeson County, NC, Scotland County, NC, and Wayne 
County, NC;
    (44) Richmond, VA--consisting of the Richmond, VA MSA and also 
including Cumberland County, VA, King and Queen County, VA, and Louisa 
County, VA;
    (45) Sacramento-Roseville, CA-NV--consisting of the Sacramento-
Roseville, CA CSA and also including Carson City, NV, and Douglas 
County, NV;
    (46) San Antonio-New Braunfels-Pearsall, TX--consisting of the San 
Antonio-New Braunfels-Pearsall, TX CSA;
    (47) San Diego-Carlsbad, CA--consisting of the San Diego-Carlsbad, 
CA MSA;
    (48) San Jose-San Francisco-Oakland, CA--consisting of the San 
Jose-San Francisco-Oakland, CA CSA and also including Monterey County, 
CA;
    (49) Seattle-Tacoma, WA--consisting of the Seattle-Tacoma, WA CSA 
and also including Whatcom County, WA;
    (50) St. Louis-St. Charles-Farmington, MO-IL--consisting of the St. 
Louis-St. Charles-Farmington, MO-IL CSA;
    (51) Tucson-Nogales, AZ--consisting of the Tucson-Nogales, AZ CSA 
and also including Cochise County, AZ;
    (52) Virginia Beach-Norfolk, VA-NC--consisting of the Virginia 
Beach-Norfolk, VA-NC CSA;
    (53) Washington-Baltimore-Arlington, DC-MD-VA-WV-PA--consisting of 
the Washington-Baltimore-Arlington, DC-MD-VA-WV-PA CSA and also 
including Kent County, MD, Adams County, PA, York County, PA, King 
George County, VA, and Morgan County, WV; and
    (54) Rest of U.S.--consisting of those portions of the United 
States and its territories and possessions as listed in 5 CFR 591.205 
not located within another locality pay area.

[FR Doc. 2022-26427 Filed 12-2-22; 8:45 am]
BILLING CODE 6325-39-P