Proposed Rule2022-20248
Prevailing Rate Systems; Definition of San Mateo County, California, to a Nonappropriated Fund Federal Wage System Wage Area
Primary source
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Published
September 21, 2022
Issuing agencies
Personnel Management Office
Abstract
The Office of Personnel Management (OPM) is proposing a rule to define San Mateo County, California, as an area of application county to the Monterey, CA, nonappropriated fund (NAF) Federal Wage System (FWS) wage area. This change is necessary because there are three NAF FWS employees working in San Mateo County, and the county is not currently defined to a NAF wage area.
Full Text
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<title>Federal Register, Volume 87 Issue 182 (Wednesday, September 21, 2022)</title>
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[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Proposed Rules]
[Pages 57651-57653]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20248]
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 532
RIN 3206-AO46
Prevailing Rate Systems; Definition of San Mateo County,
California, to a Nonappropriated Fund Federal Wage System Wage Area
AGENCY: Office of Personnel Management.
ACTION: Proposed rule.
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SUMMARY: The Office of Personnel Management (OPM) is proposing a rule
to define San Mateo County, California, as an area of application
county to the Monterey, CA, nonappropriated fund (NAF) Federal Wage
System (FWS) wage area. This change is necessary because there are
three NAF FWS employees working in San Mateo County, and the county is
not currently defined to a NAF wage area.
DATES: Send comments on or before October 21, 2022.
ADDRESSES: You may submit comments, identified by docket number and/or
Regulatory Information Number (RIN) and title, by the following method:
<bullet> Federal Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>
as they are received without change, including any personal identifiers
or contact information.
[[Page 57652]]
FOR FURTHER INFORMATION CONTACT: Ana Paunoiu, by telephone at (202)
606-2858 or by email at <a href="/cdn-cgi/l/email-protection#5a2a3b2377363f3b2c3f772a35363339231a352a37743d352c"><span class="__cf_email__" data-cfemail="98e8f9e1b5f4fdf9eefdb5e8f7f4f1fbe1d8f7e8f5b6fff7ee">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: OPM is proposing a rule to would define San
Mateo County, CA, as an area of application to the Monterey, CA, NAF
FWS wage area. The Department of Defense, on behalf of the Department
of Veterans Affairs, notified OPM the Veterans Canteen Service now has
three NAF FWS employees in San Mateo County.
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.'' San
Mateo 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 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.
San Mateo, CA, would be defined as an area of application to the
Monterey, CA, NAF FWS wage area. The proximity criterion favors the
Monterey wage area. The transportation facilities and commuting
patterns criterion does not favor one wage area more than another. The
overall population, employment sizes, and kinds and sizes of private
industrial establishments criterion does not favor one wage area more
than another. While a standard review of regulatory criteria shows
mixed results, the proximity criterion favors the Monterey wage area.
Based on this analysis, we propose that San Mateo County be defined to
the Monterey NAF wage area.
With the definition of San Mateo County to the Monterey NAF wage
area, the Monterey wage area would consist of one survey county
(Monterey County, CA) and two area of application counties (San Mateo
and Santa Clara Counties, CA). 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.
Regulatory Impact Analysis
This action is not a ``significant regulatory action'' under the
terms of Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993)
and is therefore not subject to review under E.O. 12866 and 13563 (76
FR 3821, January 21, 2011).
Regulatory Flexibility Act
OPM certifies that this rule will not have a significant economic
impact on a substantial number of small entities.
Federalism
We have 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 regulation 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.
Paperwork Reduction Act
This rule does not impose any new 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.
Stephen Hickman,
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 in paragraph (3) by
revising the wage area listing for CALIFORNIA, 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
* * * * *
CALIFORNIA
Kern
Survey Area
California:
Kern
Area of Application. Survey area plus:
California:
Fresno
Kings
Los Angeles
Survey Area
California:
Los Angeles
Area of Application. Survey area.
Monterey
Survey Area
California:
Monterey
Area of Application. Survey area plus:
California:
San Mateo
Santa Clara
Orange
Survey Area
California:
Orange
Area of Application. Survey area.
Riverside
Survey Area
California:
Riverside
Area of Application. Survey area.
Sacramento
Survey Area
California:
Sacramento
Area of Application. Survey area plus:
California:
Yuba
Oregon:
Jackson
Klamath
San Bernadino
Survey Area
California:
San Bernadino
Area of Application. Survey area.
San Diego
Survey Area
California:
San Diego
Area of Application. Survey area.
San Joaquin
Survey Area
California:
[[Page 57653]]
San Joaquin
Area of Application. Survey area.
Santa Barbara
Survey Area
California:
Santa Barbara
Area of Application. Survey area plus:
California:
San Luis Obispo
Solano
Survey Area
California:
Solano
Area of Application. Survey area plus:
California:
Alameda
Contra Costa
Marin
Napa
San Francisco
Sonoma
Ventura
Survey Area
California:
Ventura
Area of Application. Survey area.
* * * * *
* * * * *
[FR Doc. 2022-20248 Filed 9-20-22; 8:45 am]
BILLING CODE 6325-39-P
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