Proposed Rule2024-07530
Prevailing Rate Systems; Abolishment of Frederick, Maryland, as a Nonappropriated Fund Federal Wage System Wage Area
Primary source
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Published
April 10, 2024
Issuing agencies
Personnel Management Office
Abstract
The Office of Personnel Management (OPM) is proposing a rule to abolish the Frederick, Maryland, nonappropriated fund (NAF) Federal Wage System (FWS) wage area and define Frederick County, MD, to the Anne Arundel, MD, NAF FWS wage area, and Berkeley County, West Virginia, to the Washington, DC, 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.
Full Text
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<title>Federal Register, Volume 89 Issue 70 (Wednesday, April 10, 2024)</title>
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[Federal Register Volume 89, Number 70 (Wednesday, April 10, 2024)]
[Proposed Rules]
[Pages 25186-25187]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07530]
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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.
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Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 /
Proposed Rules
[[Page 25186]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 532
[Docket ID: OPM-2024-0006]
RIN 3206-AO68
Prevailing Rate Systems; Abolishment of Frederick, Maryland, as 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 abolish the Frederick, Maryland, nonappropriated fund (NAF) Federal
Wage System (FWS) wage area and define Frederick County, MD, to the
Anne Arundel, MD, NAF FWS wage area, and Berkeley County, West
Virginia, to the Washington, DC, 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 May 10, 2024.
ADDRESSES: You may submit comments, identified by docket number and/or
Regulation Identifier 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 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="/cdn-cgi/l/email-protection#fa8a9b83d7969f9b8c9fd78a9596939983ba958a97d49d958c"><span class="__cf_email__" data-cfemail="ef9f8e96c2838a8e998ac29f8083868c96af809f82c1888099">[email protected]</span></a>.
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
Frederick, Maryland, NAF FWS wage area is presently composed of one
survey county, Frederick County, MD, and one area of application
county: Berkeley County, WV. 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 Frederick County.
Since Berkeley County, WV, 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 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.
In selecting a wage area to which Frederick County, MD, should be
redefined, proximity favors the Anne Arundel, MD, NAF wage area. All
other criteria are inconclusive. Based on these findings, OPM is
defining Frederick County as an area of application to the Anne Arundel
NAF wage area.
In selecting a wage area to which Berkeley County, WV, should be
redefined, proximity favors the Washington, DC, NAF wage area. All
other criteria are indeterminate. Based on these findings, OPM is
defining Berkeley County as an area of application to the Washington,
DC, NAF wage area.
The Anne Arundel wage area would consist of one survey county (Anne
Arundel County, MD), one area of application city (Baltimore City, MD),
and 2 area of application counties (Baltimore and Frederick Counties,
MD).
The Washington, DC, wage area would consist of one survey county
(Washington, DC) and one area of application county (Berkeley County,
WV).
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 20 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
[[Page 25187]]
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.
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 District of Columbia and the State of Maryland 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
* * * * *
DISTRICT OF COLUMBIA
Washington, DC
Survey Area
District of Columbia:
Washington, DC
Area of Application. Survey area plus:
West Virginia:
Berkeley
* * * * *
MARYLAND
Anne Arundel
Survey Area
Maryland:
Anne Arundel
Area of Application. Survey area plus:
Maryland (city):
Baltimore
Maryland (counties):
Baltimore
Frederick
Charles-St. Mary's
Survey Area
Maryland:
Charles
St. Mary's
Area of Application. Survey area plus:
Maryland:
Calvert
Virginia:
King George
Harford
Survey Area
Maryland:
Harford
Area of Application. Survey area plus:
Maryland:
Cecil
Montgomery-Prince George's
Survey Area
Maryland:
Montgomery
Prince George's
Area of Application. Survey area.
* * * * *
[FR Doc. 2024-07530 Filed 4-9-24; 8:45 am]
BILLING CODE 6325-39-P
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