Rule2022-26427
General Schedule Locality Pay Areas
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 5, 2022
Effective
January 4, 2023
Issuing agencies
Personnel Management Office
Abstract
On behalf of the President's Pay Agent, the Office of Personnel Management is issuing final regulations to establish Carroll County, IL, as an area of application to the Davenport-Moline, IA-IL locality pay area and Brooks County, TX, as an area of application to the Corpus Christi-Kingsville-Alice, TX, locality pay area. Those changes in the geographic definitions of those locality pay areas are applicable on the first day of the first pay period beginning on or after January 4, 2023.
Full Text
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<title>Federal Register, Volume 87 Issue 232 (Monday, December 5, 2022)</title>
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[Federal Register Volume 87, Number 232 (Monday, December 5, 2022)]
[Rules and Regulations]
[Pages 74289-74291]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26427]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 87, No. 232 / Monday, December 5, 2022 /
Rules and Regulations
[[Page 74289]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 531
RIN 3206-AO40
General Schedule Locality Pay Areas
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: On behalf of the President's Pay Agent, the Office of
Personnel Management is issuing final regulations to establish Carroll
County, IL, as an area of application to the Davenport-Moline, IA-IL
locality pay area and Brooks County, TX, as an area of application to
the Corpus Christi-Kingsville-Alice, TX, locality pay area. Those
changes in the geographic definitions of those locality pay areas are
applicable on the first day of the first pay period beginning on or
after January 4, 2023.
DATES: The regulations are effective on the first day of the first pay
period beginning on or after January 4, 2023. The regulations are
applicable January 15, 2023.
FOR FURTHER INFORMATION CONTACT: Joe Ratcliffe by email at <a href="/cdn-cgi/l/email-protection#1d6d7c643071787c6b78306d7271747e645d726d70337a726b"><span class="__cf_email__" data-cfemail="90e0f1e9bdfcf5f1e6f5bde0fffcf9f3e9d0ffe0fdbef7ffe6">[email protected]</span></a> or 202-936-3124.
SUPPLEMENTARY INFORMATION: Section 5304 of title 5, United States Code
(U.S.C.), authorizes locality pay for General Schedule (GS) employees
with duty stations in the United States and its territories and
possessions. Section 5304(f) of title 5, United States Code, authorizes
the President's Pay Agent (the Secretary of Labor, the Director of the
Office of Management and Budget (OMB), and the Director of the Office
of Personnel Management (OPM)) to determine locality pay areas. The
boundaries of locality pay areas are based on appropriate factors,
which may include local labor market patterns, commuting patterns, and
the practices of other employers. The Pay Agent considers the views and
recommendations of the Federal Salary Council, a body composed of
experts in the fields of labor relations and pay policy and
representatives of Federal employee organizations. The President
appoints the members of the Council, which submits annual
recommendations to the Pay Agent about the administration of the
locality pay program, including the geographic boundaries of locality
pay areas. (The Federal Salary Council's recommendations are posted on
the OPM website at <a href="https://www.opm.gov/policy-data-oversight/pay-leave/pay-systems/general-schedule/#url=Federal-Salary-Council">https://www.opm.gov/policy-data-oversight/pay-leave/pay-systems/general-schedule/#url=Federal-Salary-Council</a>.) The
establishment or modification of pay area boundaries conforms to the
notice and comment provisions of the Administrative Procedure Act (5
U.S.C. 553).
On September 21, 2022, OPM published a proposed rule in the Federal
Register on behalf of the Pay Agent. (See 87 FR 57650.) The proposed
rule proposed establishing Carroll County, IL, as an area of
application to the Davenport-Moline, IA-IL locality pay area and Brooks
County, TX, as an area of application to the Corpus Christi-Kingsville-
Alice, TX, locality pay area.
The proposed rule provided a 30-day comment period. Accordingly,
the Pay Agent reviewed comments received through October 21, 2022.
After considering those comments, the Pay Agent has decided to
implement the locality pay area definitions in the proposed rule.
Impact and Implementation
Including Carroll County, IL, as an area of application to the
Davenport-Moline, IA-IL locality pay area will impact about 420 GS
employees, and including Brooks County, TX, as an area of application
to the Corpus Christi-Kingsville-Alice, TX, locality pay area will
impact about 420 GS employees.
Comments on the Proposed Rule
OPM received two separate comments suggesting that, based on living
costs, locations be redesignated to comprise or be included in locality
pay areas separate from the Rest of U.S. locality pay area. One of
those comments concerned Puerto Rico, and the other comment concerned
Tampa, FL. Those locations will remain in the Rest of U.S. locality pay
area because they do not meet approved criteria to be established as a
new locality pay area or to be included in a locality pay area separate
from the Rest of U.S. Also, stakeholders should note that living costs
are not directly considered in the locality pay program. Under 5 U.S.C.
5304, locality pay rates are based on comparisons of GS pay and non-
Federal pay at the same work levels in a locality pay area. While
relative living costs may indirectly affect non-Federal pay levels,
living costs are just one of many factors that affect the supply of and
demand for labor, and therefore labor costs, in a locality pay area.
Regulatory Impact Analysis
OPM has examined the impact of this rule as required by Executive
Order 12866 and Executive Order 13563, 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). This
rule is not a ``significant regulatory action,'' under Executive Order
12866.
Regulatory Flexibility Act
OPM certifies that this rule will not have a significant economic
impact on a substantial number of small entities as this rule only
applies to Federal agencies and employees.
Federalism
OPM has examined this rule 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 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
[[Page 74290]]
Unfunded Mandates Reform Act of 1995.
Congressional Review Act
This action pertains to agency management, personnel, and
organization and does not substantially affect the rights or
obligations of nonagency parties and, accordingly, is not a ``rule'' as
that term is used by the Congressional Review Act (Subtitle E of the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)).
Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.
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 531
Government employees, Law enforcement officers, Wages.
Office of Personnel Management.
Stephen Hickman,
Federal Register Liaison.
Accordingly, OPM is amending 5 CFR part 531 as follows:
PART 531--PAY UNDER THE GENERAL SCHEDULE
0
1. The authority citation for part 531 continues to read as follows:
Authority: 5 U.S.C. 5115, 5307, and 5338; sec. 4 of Public Law
103-89, 107 Stat. 981; and E.O. 12748, 56 FR 4521, 3 CFR, 1991
Comp., p. 316; Subpart B also issued under 5 U.S.C. 5303(g), 5305,
5333, 5334(a) and (b), and 7701(b)(2); Subpart D also issued under 5
U.S.C. 5335 and 7701(b)(2); Subpart E also issued under 5 U.S.C.
5336; Subpart F also issued under 5 U.S.C. 5304, 5305, and 5941(a);
E.O. 12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 682; and E.O. 13106,
63 FR 68151, 3 CFR, 1998 Comp., p. 224.
Subpart F--Locality-Based Comparability Payments
0
2. In Sec. 531.603, paragraph (b) is revised to read as follows:
Sec. 531.603 Locality pay areas.
* * * * *
(b) The following are locality pay areas for the purposes of this
subpart:
(1) Alaska--consisting of the State of Alaska;
(2) Albany-Schenectady, NY-MA--consisting of the Albany-
Schenectady, NY CSA and also including Berkshire County, MA;
(3) Albuquerque-Santa Fe-Las Vegas, NM--consisting of the
Albuquerque-Santa Fe-Las Vegas, NM CSA and also including McKinley
County, NM;
(4) Atlanta--Athens-Clarke County--Sandy Springs, GA-AL--consisting
of the Atlanta--Athens-Clarke County--Sandy Springs, GA CSA and also
including Chambers County, AL;
(5) Austin-Round Rock, TX--consisting of the Austin-Round Rock, TX
MSA;
(6) Birmingham-Hoover-Talladega, AL--consisting of the Birmingham-
Hoover-Talladega, AL CSA and also including Calhoun County, AL;
(7) Boston-Worcester-Providence, MA-RI-NH-ME--consisting of the
Boston-Worcester-Providence, MA-RI-NH-CT CSA, except for Windham
County, CT, and also including Androscoggin County, ME, Cumberland
County, ME, Sagadahoc County, ME, and York County, ME;
(8) Buffalo-Cheektowaga, NY--consisting of the Buffalo-Cheektowaga,
NY CSA;
(9) Burlington-South Burlington, VT--consisting of the Burlington-
South Burlington, VT MSA;
(10) Charlotte-Concord, NC-SC--consisting of the Charlotte-Concord,
NC-SC CSA;
(11) Chicago-Naperville, IL-IN-WI--consisting of the Chicago-
Naperville, IL-IN-WI CSA;
(12) Cincinnati-Wilmington-Maysville, OH-KY-IN--consisting of the
Cincinnati-Wilmington-Maysville, OH-KY-IN CSA and also including
Franklin County, IN;
(13) Cleveland-Akron-Canton, OH--consisting of the Cleveland-Akron-
Canton, OH CSA and also including Harrison County, OH;
(14) Colorado Springs, CO--consisting of the Colorado Springs, CO
MSA and also including Fremont County, CO, and Pueblo County, CO;
(15) Columbus-Marion-Zanesville, OH--consisting of the Columbus-
Marion-Zanesville, OH CSA;
(16) Corpus Christi-Kingsville-Alice, TX--consisting of the Corpus
Christi-Kingsville-Alice, TX CSA and also including Brooks County, TX;
(17) Dallas-Fort Worth, TX-OK--consisting of the Dallas-Fort Worth,
TX-OK CSA and also including Delta County, TX;
(18) Davenport-Moline, IA-IL--consisting of the Davenport-Moline,
IA-IL CSA and also including Carroll County, IL;
(19) Dayton-Springfield-Sidney, OH--consisting of the Dayton-
Springfield-Sidney, OH CSA and also including Preble County, OH;
(20) Denver-Aurora, CO--consisting of the Denver-Aurora, CO CSA and
also including Larimer County, CO;
(21) Des Moines-Ames-West Des Moines, IA--consisting of the Des
Moines-Ames-West Des Moines, IA CSA;
(22) Detroit-Warren-Ann Arbor, MI--consisting of the Detroit-
Warren-Ann Arbor, MI CSA;
(23) Harrisburg-Lebanon, PA--consisting of the Harrisburg-York-
Lebanon, PA CSA, except for Adams County, PA, and York County, PA, and
also including Lancaster County, PA;
(24) Hartford-West Hartford, CT-MA--consisting of the Hartford-West
Hartford, CT CSA and also including Windham County, CT, Franklin
County, MA, Hampden County, MA, and Hampshire County, MA;
(25) Hawaii--consisting of the State of Hawaii;
(26) Houston-The Woodlands, TX--consisting of the Houston-The
Woodlands, TX CSA and also including San Jacinto County, TX;
(27) Huntsville-Decatur-Albertville, AL--consisting of the
Huntsville-Decatur-Albertville, AL CSA;
(28) Indianapolis-Carmel-Muncie, IN--consisting of the
Indianapolis-Carmel-Muncie, IN CSA and also including Grant County, IN;
(29) Kansas City-Overland Park-Kansas City, MO-KS--consisting of
the Kansas City-Overland Park-Kansas City, MO-KS CSA and also including
Jackson County, KS, Jefferson County, KS, Osage County, KS, Shawnee
County, KS, and Wabaunsee County, KS;
(30) Laredo, TX--consisting of the Laredo, TX MSA;
(31) Las Vegas-Henderson, NV-AZ--consisting of the Las Vegas-
Henderson, NV-AZ CSA;
(32) Los Angeles-Long Beach, CA--consisting of the Los Angeles-Long
Beach, CA CSA and also including Imperial County, CA, Kern County, CA,
San Luis Obispo County, CA, and Santa Barbara County, CA;
(33) Miami-Fort Lauderdale-Port St. Lucie, FL--consisting of the
Miami-Fort Lauderdale-Port St. Lucie, FL CSA and also including Monroe
County, FL;
(34) Milwaukee-Racine-Waukesha, WI--consisting of the Milwaukee-
Racine-Waukesha, WI CSA;
(35) Minneapolis-St. Paul, MN-WI--consisting of the Minneapolis-St.
Paul, MN-WI CSA;
(36) New York-Newark, NY-NJ-CT-PA--consisting of the New York-
Newark, NY-NJ-CT-PA CSA and also including all of Joint Base McGuire-
Dix-Lakehurst;
(37) Omaha-Council Bluffs-Fremont, NE-IA--consisting of the Omaha-
Council Bluffs-Fremont, NE-IA CSA;
(38) Palm Bay-Melbourne-Titusville, FL--consisting of the Palm Bay-
Melbourne-Titusville, FL MSA;
(39) Philadelphia-Reading-Camden, PA-NJ-DE-MD--consisting of the
[[Page 74291]]
Philadelphia-Reading-Camden, PA-NJ-DE-MD CSA, except for Joint Base
McGuire-Dix-Lakehurst;
(40) Phoenix-Mesa-Scottsdale, AZ--consisting of the Phoenix-Mesa-
Scottsdale, AZ MSA;
(41) Pittsburgh-New Castle-Weirton, PA-OH-WV--consisting of the
Pittsburgh-New Castle-Weirton, PA-OH-WV CSA;
(42) Portland-Vancouver-Salem, OR-WA--consisting of the Portland-
Vancouver-Salem, OR-WA CSA;
(43) Raleigh-Durham-Chapel Hill, NC--consisting of the Raleigh-
Durham-Chapel Hill, NC CSA and also including Cumberland County, NC,
Hoke County, NC, Robeson County, NC, Scotland County, NC, and Wayne
County, NC;
(44) Richmond, VA--consisting of the Richmond, VA MSA and also
including Cumberland County, VA, King and Queen County, VA, and Louisa
County, VA;
(45) Sacramento-Roseville, CA-NV--consisting of the Sacramento-
Roseville, CA CSA and also including Carson City, NV, and Douglas
County, NV;
(46) San Antonio-New Braunfels-Pearsall, TX--consisting of the San
Antonio-New Braunfels-Pearsall, TX CSA;
(47) San Diego-Carlsbad, CA--consisting of the San Diego-Carlsbad,
CA MSA;
(48) San Jose-San Francisco-Oakland, CA--consisting of the San
Jose-San Francisco-Oakland, CA CSA and also including Monterey County,
CA;
(49) Seattle-Tacoma, WA--consisting of the Seattle-Tacoma, WA CSA
and also including Whatcom County, WA;
(50) St. Louis-St. Charles-Farmington, MO-IL--consisting of the St.
Louis-St. Charles-Farmington, MO-IL CSA;
(51) Tucson-Nogales, AZ--consisting of the Tucson-Nogales, AZ CSA
and also including Cochise County, AZ;
(52) Virginia Beach-Norfolk, VA-NC--consisting of the Virginia
Beach-Norfolk, VA-NC CSA;
(53) Washington-Baltimore-Arlington, DC-MD-VA-WV-PA--consisting of
the Washington-Baltimore-Arlington, DC-MD-VA-WV-PA CSA and also
including Kent County, MD, Adams County, PA, York County, PA, King
George County, VA, and Morgan County, WV; and
(54) Rest of U.S.--consisting of those portions of the United
States and its territories and possessions as listed in 5 CFR 591.205
not located within another locality pay area.
[FR Doc. 2022-26427 Filed 12-2-22; 8:45 am]
BILLING CODE 6325-39-P
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</html>Indexed from Federal Register on December 5, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.