Proposed Rule2024-18741
Prevailing Rate Systems; Definition of Saratoga County, New York, to a Nonappropriated Fund Federal Wage System Wage Area
Primary source
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Published
August 21, 2024
Issuing agencies
Personnel Management Office
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 162 (Wednesday, August 21, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18741]
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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. 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.
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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:
<bullet> Federal eRulemaking 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#71011008011e1d181208311e011c5f161e07"><span class="__cf_email__" data-cfemail="88f8e9f1f8e7e4e1ebf1c8e7f8e5a6efe7fe">[email protected]</span></a>.
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
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