[Federal Register Volume 89, Number 162 (Wednesday, August 21, 2024)]
[Proposed Rules]
[Pages 67563-67564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18741]


 ========================================================================
 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. 162 / Wednesday, August 21, 2024 / 
Proposed Rules  

[[Page 67563]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

[Docket ID: OPM-2024-0018]
RIN 3206-AO75


Prevailing Rate Systems; Definition of Saratoga County, New York, 
to 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 define Saratoga County, New York, as an area of application to the 
Jefferson, NY, nonappropriated fund (NAF) Federal Wage System (FWS) 
wage area for pay-setting purposes. This change is necessary because 
there is one NAF FWS employee working in Saratoga County, and the 
county is not currently defined to a NAF wage area.

DATES: Send comments on or before September 20, 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 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: OPM is proposing a rule that would define 
Saratoga County, NY, as an area of application to the Jefferson, NY, 
NAF FWS wage area. The Department of Defense (DOD), on behalf of the 
Department of the Navy (Navy), indicated that the Navy Support 
Facility--Saratoga Springs now has one NAF FWS employee in Saratoga 
County, NY.
    Under section 532.219 of title 5, Code of Federal Regulations, each 
NAF wage area ``shall consist of one or more survey areas, along with 
nonsurvey areas, if any, having nonappropriated fund employees.'' 
Saratoga County does not meet the regulatory criteria under 5 CFR 
532.219 to be established as a separate NAF wage area; however, 
nonsurvey counties may be combined with a survey area to form a 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 industry categories, and kinds and sizes of private industrial 
establishments.
    Saratoga County, NY, would be defined as an area of application to 
the Jefferson, NY, NAF FWS wage area. The proximity criterion favors 
the Jefferson NAF wage area. Although the Naval Support Facility--
Saratoga Springs is located approximately 147 miles from Fort Drum, the 
wage area's host activity, Saratoga County is adjacent to Schenectady 
County, NY, which is currently defined to the Jefferson wage area.
    With the definition of Saratoga County to the Jefferson NAF wage 
area, the Jefferson wage area would contain one survey county, 
Jefferson County, NY, and seven area of application counties: Albany, 
Oneida, Onondaga, Ontario, Saratoga, Schenectady, and Steuben Counties, 
NY. The Federal Prevailing Rate Advisory Committee, 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.

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 have the long-term effect of 
increasing pay for Federal employees in affected locations. OPM expects 
this rulemaking to impact approximately 1 NAF FWS employee. 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.

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.

[[Page 67564]]

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 State of New York 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

* * * * *

NEW YORK

Jefferson

Survey Area

New York:
    Jefferson

Area of Application. Survey area plus:

New York:
    Albany
    Oneida
    Onondaga
    Ontario
    Saratoga
    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
* * * * *
[FR Doc. 2024-18741 Filed 8-20-24; 8:45 am]
BILLING CODE 6325-39-P