[Federal Register Volume 89, Number 87 (Friday, May 3, 2024)]
[Proposed Rules]
[Pages 36720-36721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09669]


 ========================================================================
 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. 89, No. 87 / Friday, May 3, 2024 / Proposed 
Rules  

[[Page 36720]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

[Docket ID: OPM-2024-0010]
RIN 3206-AO67


Prevailing Rate Systems; Redefinition of the Arapahoe-Denver, 
Colorado, 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 remove Denver County, CO, from the Arapahoe-Denver, CO, 
nonappropriated fund (NAF) Federal Wage System (FWS) wage area. In 
addition, OPM proposes to change the name of the Arapahoe-Denver NAF 
FWS wage area to Arapahoe. These changes are necessary because no NAF 
FWS employment has been reported in Denver County since 2018.

DATES: Send comments on or before June 3, 2024.

ADDRESSES: You may submit comments, identified by docket number and/or 
Regulatory Information Number (RIN) and title, by the following method:
     Federal eRulemaking 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 
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: 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 Arapahoe-
Denver, CO, NAF wage area is presently composed of two survey area 
counties, Arapahoe and Denver Counties, CO, and one area of application 
county, Mesa County, CO. The Department of Defense (DOD) notified OPM 
that the Defense Finance Cafeteria that was located in Denver County 
closed in 2010 and the Denver Outpatient Clinic moved to Arapahoe 
County in 2018. This leaves no NAF FWS employment in Denver County. 
Under 5 U.S.C. 5343(a)(1)(B)(i), NAF wage areas ``shall not extend 
beyond the immediate locality in which the particular prevailing rate 
employees are employed.'' Therefore, Denver County should not be 
defined as part of an NAF wage area.
    With the removal of Denver County, the renamed Arapahoe wage area 
would consist of one survey county, Arapahoe County, CO, and one area 
of application county, Mesa County, CO. DOD indicates that there are 
about 65 NAF FWS employees working in the survey area, and the area has 
a local activity, Buckley Space Force Base, capable of hosting the wage 
survey. There are also 4 NAF FWS employees in Mesa County.
    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 Proposed Rule

    Under 5 U.S.C. 5343, OPM has 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 proposed rule will 
have no impact on approximately 69 NAF FWS employees. OPM does not 
anticipate this proposed rule will substantially impact local economies 
or have a large impact in local labor markets. However, OPM is 
requesting comment in this proposed rule 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 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 proposed 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.

[[Page 36721]]

Paperwork Reduction Act of 1995

    This rulemaking does not impose any reporting or recordkeeping 
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 State of Colorado 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
 
 
 
 
                                * * * * *
                                COLORADO
                                Arapahoe
                               Survey Area
Colorado:
  Arapahoe
                 Area of Application. Survey area plus:
Colorado:
      Mesa
                                 El Paso
                               Survey Area
Colorado:
    El Paso
                 Area of Application. Survey area plus:
Colorado:
  Bent
  Otero
  Pueblo
 
                                * * * * *
 

[FR Doc. 2024-09669 Filed 5-2-24; 8:45 am]
BILLING CODE 6325-39-P