[Federal Register Volume 87, Number 250 (Friday, December 30, 2022)]
[Proposed Rules]
[Pages 80472-80474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28318]


 ========================================================================
 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. 87 , No. 250 / Friday, December 30, 2022 / 
Proposed Rules  

[[Page 80472]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AO49


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

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

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SUMMARY: The Office of Personnel Management (OPM) is proposing a rule 
to redefine the geographic boundaries of the following appropriated 
fund Federal Wage System (FWS) wage areas for pay-setting purposes: 
Hagerstown-Martinsburg-Chambersburg, MD; Richmond, VA; Roanoke, VA; and 
Washington, DC. The proposed rule would redefine the Shenandoah 
National Park portions of Albemarle, Augusta, Greene, Page, and 
Rockingham Counties, VA, to the Washington, DC, wage area. This change 
is based on a recent consensus recommendation of the Federal Prevailing 
Rate Advisory Committee (FPRAC).

DATES: Send comments on or before January 30, 2023.

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

SUPPLEMENTARY INFORMATION: OPM is proposing a rule to redefine the 
geographic boundaries of the following appropriated fund FWS wage 
areas: Hagerstown-Martinsburg-Chambersburg, MD; Richmond, VA; Roanoke, 
VA; and Washington, DC. This proposed rule would redefine the 
Shenandoah National Park portions of Albemarle, Augusta, Greene, Page, 
and Rockingham Counties, VA, to the Washington, DC, wage area. 
Shenandoah National Park would become consolidated under the 
Washington, DC, FWS wage area so that the installation would be defined 
to a single wage area. This change is based on a recent recommendation 
of 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.
    As provided by 5 CFR 532.211, this regulation allows consideration 
of the following criteria when defining wage area boundaries: distance, 
transportation facilities, and geographic features; commuting patterns; 
and similarities in overall population, employment, and the kinds and 
sizes of private industrial establishments.
    The Shenandoah National Park (approximately 105 miles long) is 
currently split among four FWS areas. When the FWS was first 
established, most of Shenandoah National Park was in the Hagerstown-
Martinsburg-Chambersburg wage area. Over time, as a result of changes 
in Office of Management and Budget defined metropolitan statistical 
areas, the wage area definitions for some counties that comprise the 
Shenandoah National Park have been changed by OPM based on 
recommendations of FPRAC.
    Presently, portions of the Shenandoah National Park are defined to 
the Hagerstown-Martinsburg-Chambersburg, MD; Richmond, VA; Roanoke, VA; 
and Washington, DC, FWS wage areas as follows:
    (1) The Shenandoah National Park portion of Albemarle and Greene 
Counties, VA, is defined to the Richmond wage area;
    (2) The Shenandoah National Park portion of Augusta County, VA, is 
defined to the Roanoke wage area;
    (3) The Shenandoah National Park portion of Madison, Rappahannock, 
and Warren Counties, VA, is defined to the Washington, DC, wage area; 
and
    (4) The Shenandoah National Park portion of Page and Rockingham 
Counties, VA, is defined to the Hagerstown-Martinsburg-Chambersburg, 
MD, wage area.
    Albemarle and Greene Counties, except for the Shenandoah National 
Park portions, continue to be appropriately defined to the Richmond, 
VA, wage area. Augusta County, except for the Shenandoah National Park 
portion, continues to be appropriately defined to the Roanoke, VA, wage 
area. Page and Rockingham Counties, except for the Shenandoah National 
Park portions, continue to be appropriately defined to the Hagerstown-
Martinsburg-Chambersburg, MD, wage area. Madison, Rappahannock, and 
Warren Counties continue to be appropriately defined to the Washington, 
DC, wage area.
    There are 14 FWS National Park Service (NPS) employees working in 
the Shenandoah National Park portion of Madison County and 17 FWS NPS 
employees working in the Shenandoah National Park portion of Page 
County. So that the FWS employees working at Shenandoah National Park 
are not split among four wage areas, OPM proposes that the Shenandoah 
National Park portions of Albemarle, Augusta, Greene, Page, and 
Rockingham Counties be redefined to the Washington, DC, wage area. 
Shenandoah National Park would then be entirely defined to the 
Washington, DC, wage area. This change would provide equal pay 
treatment for FWS employees working at Shenandoah National Park.
    FPRAC, 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

[[Page 80473]]

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 C to subpart B amend the table by revising the wage area 
listings for the District of Columbia and the States of Maryland and 
Virginia to read as follows:

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

Definitions of Wage and Wage 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):
    Albemarle (Only includes the Shenandoah National Park portion)
    Augusta (Only includes the Shenandoah National Park portion)
    Clarke
    Culpeper
    Fauquier
    Greene (Only includes the Shenandoah National Park portion)
    King George
    Madison
    Page (Only includes the Shenandoah National Park portion)
    Rappahannock
    Rockingham (Only includes the Shenandoah National Park portion)
    Spotsylvania
    Stafford
    Warren
West Virginia:
    Jefferson
* * * * *

Maryland

Baltimore

Survey Area

Maryland (city):
    Baltimore
Maryland (counties):
    Anne Arundel
    Baltimore
    Carroll
    Harford
    Howard

    Area of Application. Survey area plus:

Maryland:
    Queen Anne's

Hagerstown-Martinsburg-Chambersburg

Survey Area

Maryland:
    Washington
Pennsylvania:
    Franklin
West Virginia:
    Berkeley

    Area of Application. Survey area plus:

Maryland:
    Allegany
    Garrett
Pennsylvania:
    Fulton
Virginia (cities):
    Harrisonburg
    Winchester
Virginia (counties):
    Frederick
    Page (Does not include the Shenandoah National Park portion)
    Rockingham (Does not include the Shenandoah National Park 
portion)
    Shenandoah
West Virginia:
    Hampshire
    Hardy
    Mineral
    Morgan
* * * * *

Virginia

Norfolk-Portsmouth-Newport News-Hampton

Survey Area

Virginia (cities):
    Chesapeake
    Hampton
    Newport News
    Norfolk
    Poquoson
    Portsmouth
    Suffolk
    Virginia Beach
    Williamsburg
Virginia (counties):
    Gloucester
    James City
    York
North Carolina:
    Currituck

    Area of Application. Survey area plus:

Virginia (city):
    Franklin
    Virginia (counties):
    Accomack
    Isle of Wight
    Mathews
    Northampton
    Southampton
    Surry
North Carolina:
    Camden
    Chowan
    Gates
    Pasquotank
    Perquimans
Maryland:
    Assateague Island part of Worcester

Richmond

Survey Area

Virginia (cities):

[[Page 80474]]

    Colonial Heights
    Hopewell
    Petersburg
    Richmond
Virginia (counties):
    Charles City
    Chesterfield
    Dinwiddie
    Goochland
    Hanover
    Henrico
    New Kent
    Powhatan
    Prince George

    Area of Application. Survey area plus:

Virginia (cities):
    Charlottesville
    Emporia
Virginia (counties):
    Albemarle (Does not include the Shenandoah National Park 
portion)
    Amelia
    Brunswick
    Buckingham
    Caroline
    Charlotte
    Cumberland
    Essex
    Fluvanna
    Greene (Does not include the Shenandoah National Park portion)
    Greensville
    King and Queen
    King William
    Lancaster
    Louisa
    Lunenberg
    Mecklenburg
    Middlesex
    Nelson
    Northumberland
    Nottoway
    Orange
    Prince Edward
    Richmond
    Sussex
    Westmoreland

Roanoke

Survey Area

Virginia (cities):
    Radford
    Roanoke
    Salem
Virginia (counties):
    Botetourt
    Craig
    Montgomery
    Roanoke

    Area of Application. Survey area plus:

    Virginia (cities):
    Bedford
    Buena Vista
    Clifton Forge
    Covington
    Danville
    Galax
    Lexington
    Lynchburg
    Martinsville
    South Boston
    Staunton
    Waynesboro
Virginia (counties):
    Alleghany
    Amherst
    Appomattox
    Augusta (Does not include the Shenandoah National Park portion)
    Bath
    Bedford
    Bland
    Campbell
    Carroll
    Floyd
    Franklin
    Giles
    Halifax
    Henry
    Patrick
    Pittsburgh
    Pulaski
    Rockbridge
    Wythe
* * * * *
[FR Doc. 2022-28318 Filed 12-29-22; 8:45 am]
BILLING CODE 6325-39-P