[Federal Register Volume 89, Number 70 (Wednesday, April 10, 2024)]
[Proposed Rules]
[Pages 25186-25187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07530]


 ========================================================================
 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. 89, No. 70 / Wednesday, April 10, 2024 / 
Proposed Rules  

[[Page 25186]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

[Docket ID: OPM-2024-0006]
RIN 3206-AO68


Prevailing Rate Systems; Abolishment of Frederick, Maryland, as a 
Nonappropriated Fund Federal Wage System Wage Area

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

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

SUMMARY: The Office of Personnel Management (OPM) is proposing a rule 
to abolish the Frederick, Maryland, nonappropriated fund (NAF) Federal 
Wage System (FWS) wage area and define Frederick County, MD, to the 
Anne Arundel, MD, NAF FWS wage area, and Berkeley County, West 
Virginia, to the Washington, DC, NAF FWS wage area. 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: Send comments on or before May 10, 2024.

ADDRESSES: You may submit comments, identified by docket number and/or 
Regulation Identifier Number (RIN) and title, by the following method:
     Federal Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
    All comments received must include the agency name and docket 
number or RIN for this document. The general policy for comments from 
members of the public is to make them available for public viewing at 
https://www.regulations.gov without change, including any personal 
identifiers or contact information. However, OPM retains discretion to 
redact personal or sensitive information from comments before they are 
posted.

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

SUPPLEMENTARY INFORMATION: Under 5 CFR 532.219, OPM may establish an 
NAF wage area when there are a minimum of 26 NAF wage employees in the 
survey area, a local activity has the capability to host annual local 
wage surveys, and the survey area has at least 1,800 private enterprise 
employees in establishments within survey specifications. The 
Frederick, Maryland, NAF FWS wage area is presently composed of one 
survey county, Frederick County, MD, and one area of application 
county: Berkeley County, WV. The Department of Defense (DOD) notified 
OPM that there has been a continuing decline of NAF FWS employment in 
the survey area and the local activities no longer have the capability 
to conduct local wage surveys. Currently, 15 DOD NAF FWS employees work 
in Frederick County.
    Since Berkeley County, WV, will have continuing NAF employment and 
does not meet the regulatory criteria under 5 CFR 532.219 to be a 
separate survey area, it must be defined as an area of application to 
another 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.
    In selecting a wage area to which Frederick County, MD, should be 
redefined, proximity favors the Anne Arundel, MD, NAF wage area. All 
other criteria are inconclusive. Based on these findings, OPM is 
defining Frederick County as an area of application to the Anne Arundel 
NAF wage area.
    In selecting a wage area to which Berkeley County, WV, should be 
redefined, proximity favors the Washington, DC, NAF wage area. All 
other criteria are indeterminate. Based on these findings, OPM is 
defining Berkeley County as an area of application to the Washington, 
DC, NAF wage area.
    The Anne Arundel wage area would consist of one survey county (Anne 
Arundel County, MD), one area of application city (Baltimore City, MD), 
and 2 area of application counties (Baltimore and Frederick Counties, 
MD).
    The Washington, DC, wage area would consist of one survey county 
(Washington, DC) and one area of application county (Berkeley County, 
WV).
    The Federal Prevailing Rate Advisory Committee, the national labor-
management committee responsible for advising OPM on matters concerning 
the pay of FWS employees, recommended these changes by consensus. 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.

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 rulemaking to impact approximately 20 NAF FWS employees. 
Considering the small number of employees affected, OPM does not 
anticipate that this proposed rule will substantially impact local 
economies or have a large impact in local labor markets. However, OPM 
is requesting comment in this rulemaking regarding the impact. 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

    OPM has examined the impact of this rulemaking as required by 
Executive Orders 12866, 13563, and 14094, 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). 
OMB has determined that this rulemaking is not a ``significant 
regulatory action'' under section 3(f) of

[[Page 25187]]

Executive Order 12866, as amended by Executive Order 14094.

Regulatory Flexibility Act

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

Federalism

    OPM has examined this rulemaking 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 rulemaking meets the applicable standard set forth in 
Executive Order 12988.

Unfunded Mandates Act of 1995

    This rulemaking 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 rulemaking 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.

Office of Personnel Management.
Kayyonne Marston,
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 by revising the wage 
area listing for the District of Columbia and the State of Maryland 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

* * * * *

DISTRICT OF COLUMBIA

Washington, DC

Survey Area

District of Columbia:
    Washington, DC

Area of Application. Survey area plus:

West Virginia:
    Berkeley
* * * * *

MARYLAND

Anne Arundel

Survey Area

Maryland:
    Anne Arundel

Area of Application. Survey area plus:

Maryland (city):
    Baltimore
Maryland (counties):
    Baltimore
    Frederick

Charles-St. Mary's

Survey Area

Maryland:
    Charles
    St. Mary's

Area of Application. Survey area plus:

Maryland:
    Calvert
Virginia:
    King George

Harford

Survey Area

Maryland:
    Harford

Area of Application. Survey area plus:

Maryland:
    Cecil

Montgomery-Prince George's

Survey Area

Maryland:
    Montgomery
    Prince George's

Area of Application. Survey area.

* * * * *
[FR Doc. 2024-07530 Filed 4-9-24; 8:45 am]
BILLING CODE 6325-39-P