[Federal Register Volume 88, Number 219 (Wednesday, November 15, 2023)]
[Rules and Regulations]
[Pages 78223-78224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25154]



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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 
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  Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / 
Rules and Regulations  

[[Page 78223]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

[Docket ID: OPM-2023-0017]
RIN 3206-AO60


Prevailing Rate Systems; Abolishment of Allegheny, Pennsylvania, 
as a Nonappropriated Fund Federal Wage System Wage Area

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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

SUMMARY: The Office of Personnel Management (OPM) is issuing a final 
rule to abolish the Allegheny, Pennsylvania, nonappropriated fund (NAF) 
Federal Wage System (FWS) wage area and redefine Cuyahoga County, Ohio, 
to the Macomb, Michigan, NAF wage area; Trumbull County, OH, to the 
Niagara, New York, NAF wage area; Allegheny and Butler Counties, PA, to 
the Cumberland, PA, NAF wage area; Harrison County, West Virginia, to 
the Prince William, Virginia, NAF wage area; and Westmoreland County, 
PA, will no longer be defined. These changes are necessary because NAF 
FWS employment in the survey area is now below the minimum criterion of 
26 wage employees to maintain a wage area, and the local activities no 
longer have the capability to conduct local wage surveys.

DATES: 
    Effective date: This regulation is effective December 15, 2023.
    Applicability date: This change applies on the first day of the 
first applicable pay period beginning on or after December 15, 2023.

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

SUPPLEMENTARY INFORMATION: On August 15, 2023, OPM issued a proposed 
rule (88 FR 55421) to abolish the Allegheny, PA, NAF FWS wage area and 
redefine Cuyahoga County, OH, as an area of application county to the 
Macomb, MI, NAF wage area; Trumbull County, OH, as an area of 
application county to the Niagara, NY, NAF wage area; Allegheny and 
Butler Counties, PA, as an area of application counties to the 
Cumberland, PA, NAF wage area; and Harrison County, WV, as an area of 
application county to the Prince William, VA, NAF wage area. 
Westmoreland County, PA, will no longer be defined to a NAF wage area. 
The Federal Prevailing Rate Advisory Committee, the national labor-
management committee responsible for advising OPM on matters concerning 
the pay of FWS employees, reviewed and recommended these changes by 
consensus.
    The proposed rule had a 30-day comment period, during which OPM 
received no comments. Therefore, this final rule adopts the proposed 
rule at 88 FR 55421 without change.

Expected Impact of This Rule

    Section 5343 of title 5, U.S. Code, provides OPM with the authority 
and responsibility to define the boundaries of NAF FWS wage areas. Any 
changes in wage area definitions can have the long-term effect of 
increasing pay for Federal employees in affected locations. OPM expects 
this final rule to impact approximately 26 NAF FWS employees. 
Considering the small number of employees affected, OPM does not 
anticipate this rule will substantially impact local economies or have 
a large impact in local labor markets. As this and future wage area 
changes may impact higher volumes of employees in geographical areas 
and could rise to the level of impacting local labor markets, OPM will 
continue to study the implications of such impacts in this or future 
rules as needed.

Regulatory Review

    Executive Orders 13563, 12866, and 14094 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 the provisions of 
Executive Order 14094 and, therefore, was not reviewed by OMB.

Regulatory Flexibility Act

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

Federalism

    OPM has 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 rule 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

    Subtitle E of the Small Business Regulatory Enforcement Fairness 
Act of 1996 (known as the Congressional Review Act or CRA) (5 U.S.C. 
801 et seq.) requires most final rules to be submitted to Congress 
before taking effect. OPM will submit to Congress and the Comptroller 
General of the United States a report regarding the issuance of this 
rule before its effective date. The Office of Information and 
Regulatory Affairs in the Office of Management and Budget has 
determined that this rule is not a major rule as defined by the CRA (5 
U.S.C. 804).

Paperwork Reduction Act

    This rule does not impose any 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.


[[Page 78224]]


Office of Personnel Management.
Kayyonne Marston,
Federal Register Liaison.

    Accordingly, OPM amends 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 by revising the wage 
area listing for the States of Michigan, New York, Pennsylvania, and 
Virginia 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

* * * * *

MICHIGAN

Macomb

Survey Area

Michigan:
    Macomb

Area of Application. Survey area plus:

Michigan:
    Alpena
    Calhoun
    Crawford
    Grand Traverse
    Huron
    Iosco
    Kent
    Leelanau
    Ottawa
    Saginaw
    Washtenaw
    Wayne
Ohio:
    Cuyahoga
    Lucas
    Ottawa
* * * * *

NEW YORK

Jefferson

Survey Area

New York:
    Jefferson

Area of Application. Survey area plus:

New York:
    Albany
    Oneida
    Onondaga
    Ontario
    Schenectady
    Steuben

Kings-Queens

Survey Area

New York:
    Kings
    Queens

Area of Application. Survey area plus:

New Jersey:
    Essex
    Hudson
New York:
    Bronx
    Nassau
    New York
    Richmond
    Suffolk

Niagara

Survey Area

New York:
    Niagara

Area of Application. Survey area plus:

New York:
    Erie
    Genesee
Ohio:
    Trumbull
Pennsylvania:
    Erie

Orange

Survey Area

New York:
    Orange

Area of Application. Survey area plus:

New York:
    Dutchess
    Westchester
* * * * *

PENNSYLVANIA

Cumberland

Survey Area

Pennsylvania:
    Cumberland

Area of Application. Survey area plus:

Pennsylvania:
    Allegheny
    Blair
    Butler
    Franklin

York

Survey Area

Pennsylvania:
    York

Area of Application. Survey area plus:

Pennsylvania:
    Lebanon
* * * * *

VIRGINIA

Alexandria-Arlington-Fairfax

Survey Area

Virginia (city):
    Alexandria
Virginia (counties):
    Arlington
    Fairfax

Area of Application. Survey area.

Chesterfield-Richmond

Survey Area

Virginia (city):
    Richmond
Virginia (county):
    Chesterfield

Area of Application. Survey area plus:

Virginia (cities):
    Bedford
    Charlottesville
    Salem
Virginia (counties):
    Caroline
    Nottoway
    Prince George
West Virginia:
    Pendleton

Hampton-Newport News

Survey Area

Virginia (cities):
    Hampton
    Newport News

Area of Application. Survey area plus:

Virginia (city):
    Williamsburg
Virginia (county):
    York

Norfolk-Portsmouth-Virginia Beach

Survey Area

Virginia (cities):
    Norfolk
    Portsmouth
    Virginia Beach

Area of Application. Survey area plus:

North Carolina:
    Pasquotank
Virginia (cities):
    Chesapeake
    Suffolk
Virginia (counties):
    Accomack
    Northampton

Prince William

Survey Area

Virginia:
    Prince William

Area of Application. Survey area plus:

Virginia:
    Fauquier
West Virginia:
    Harrison
* * * * *
[FR Doc. 2023-25154 Filed 11-14-23; 8:45 am]
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