[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Proposed Rules]
[Pages 46830-46831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11826]


 ========================================================================
 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. 105 / Thursday, May 30, 2024 / 
Proposed Rules  

[[Page 46830]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

[Docket ID: OPM-2024-0012]
RIN 3206-AO70


Prevailing Rate Systems; Abolishment of Calhoun, Alabama, 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 Calhoun, Alabama (AL), nonappropriated fund (NAF) 
Federal Wage System (FWS) wage area and define Calhoun County, AL, to 
the Cobb, Georgia, NAF FWS wage area, and Jefferson County, AL, to the 
Madison, AL, 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 July 1, 2024.

ADDRESSES: You may submit comments, identified by docket number and/or 
Regulatory Information 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 a 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 Calhoun, 
AL, NAF FWS wage area is presently composed of one survey county, 
Calhoun County, AL, and one area of application county: Jefferson 
County, AL. 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 Calhoun 
County.
    Since Jefferson County, AL, 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 rulemaking 
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 Calhoun County, AL, should be 
redefined, proximity favors the Cobb, GA, NAF wage area. All other 
criteria are indeterminate. Based on these findings, OPM is defining 
Calhoun County as an area of application to the Cobb NAF wage area.
    In selecting a wage area to which Jefferson County, AL, should be 
redefined, proximity favors the Madison, AL, NAF wage area. All other 
criteria are indeterminate. Based on these findings, OPM is defining 
Jefferson County as an area of application to the Madison NAF wage 
area.
    The Cobb, GA, wage area would consist of one survey county (Cobb 
County, GA), and 4 area of application counties (Calhoun County, AL; 
and Bartow, De Kalb, and Fulton Counties, GA).
    The Madison, AL, wage area would consist of one survey county 
(Madison, AL) and 5 area of application counties (Coffee, Davidson, 
Hamilton, Jefferson, and Rutherford Counties, AL).
    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 21 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 Executive Order 12866, as 
amended by Executive Order 14094.

[[Page 46831]]

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 States of Alabama and Georgia 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
 
 
 
 
                                * * * * *
                                 ALABAMA
                                 Madison
                               Survey Area
Alabama:
  Madison
                 Area of Application. Survey area plus:
Alabama:
  Jefferson
Tennessee:
  Coffee
  Davidson
  Hamilton
  Rutherford
                               Montgomery
                               Survey Area
Alabama:
  Montgomery
                 Area of Application. Survey area plus:
Alabama:
  Dale
  Dallas
  Macon
 
                                * * * * *
                                 GEORGIA
                                 Chatham
                               Survey Area
Georgia:
  Chatham
                 Area of Application. Survey area plus:
Georgia:
  Glynn
  Liberty
South Carolina:
  Beaufort
                                  Cobb
                               Survey Area
Georgia:
  Cobb
                 Area of Application. Survey area plus:
Alabama:
  Calhoun
Georgia:
  Bartow
  De Kalb
  Fulton
                                Columbus
                               Survey Area
Georgia:
  Columbus
                 Area of Application. Survey area plus:
Georgia:
  Chattahoochee
                                Dougherty
                               Survey Area
Georgia:
  Dougherty
                    Area of Application. Survey area.
                                 Houston
                               Survey Area
Georgia:
  Houston
                 Area of Application. Survey area plus:
Georgia:
  Laurens
                                 Lowndes
                               Survey Area
Georgia:
  Lowndes
                 Area of Application. Survey area plus:
Florida:
  Leon
                                Richmond
                               Survey Area
Georgia:
  Richmond
                 Area of Application. Survey area plus:
South Carolina:
  Aiken
 
                                * * * * *
 


[FR Doc. 2024-11826 Filed 5-29-24; 8:45 am]
BILLING CODE 6325-39-P