[Federal Register: October 7, 2008 (Volume 73, Number 195)]
[Proposed Rules]
[Page 58506-58507]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc08-22]
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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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[[Page 58506]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 532
RIN 3206-AL71
Prevailing Rate Systems; Redefinition of the Buffalo, NY, and
Pittsburgh, PA, Appropriated Fund Federal Wage System Wage Areas
AGENCY: U.S. Office of Personnel Management.
ACTION: Proposed rule with request for comments.
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SUMMARY: The U.S. Office of Personnel Management is issuing a proposed
rule that would redefine the geographic boundaries of the Buffalo, NY,
and Pittsburgh, PA, appropriated fund Federal Wage System (FWS) wage
areas. The proposed rule would redefine McKean and Warren Counties, PA,
and the Allegheny National Forest portions of Elk and Forest Counties,
PA, from the Pittsburgh wage area to the Buffalo wage area. These
changes are based on a recent consensus recommendation of the Federal
Prevailing Rate Advisory Committee to best match the counties proposed
for redefinition to a nearby FWS survey area. No other changes are
proposed for the Buffalo or Pittsburgh FWS wage areas.
DATES: We must receive comments on or before November 6, 2008.
ADDRESSES: Send or deliver comments to Charles D. Grimes III, Deputy
Associate Director for Performance and Pay Systems, Strategic Human
Resources Policy Division, U.S. Office of Personnel Management, Room
7H31, 1900 E Street, NW., Washington, DC 20415-8200; e-mail pay-
performance-policy@opm.gov; or FAX: (202) 606-4264.
FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, (202) 606-2838; e-
mail pay-performance-policy@opm.gov; or FAX: (202) 606-4264.
SUPPLEMENTARY INFORMATION: The U.S. Office of Personnel Management
(OPM) is proposing to redefine the Buffalo, NY, and Pittsburgh, PA,
appropriated fund Federal Wage System (FWS) wage areas. This proposed
rule would redefine McKean and Warren Counties, PA, and the Allegheny
National Forest portions of Elk and Forest Counties, PA, from the
Pittsburgh wage area to the Buffalo wage area.
OPM considers the following regulatory criteria under 5 CFR 532.211
when defining FWS wage area boundaries:
(i) Distance, transportation facilities, and geographic features;
(ii) Commuting patterns; and
(iii) Similarities in overall population, employment, and the kinds
and sizes of private industrial establishments.
Elk, Forest, McKean, and Warren Counties are currently area of
application counties in the Pittsburgh FWS wage area. Located in the
northwestern section of the State of Pennsylvania, Elk, Forest, McKean,
and Warren Counties include portions of the Allegheny National Forest.
Based on our analysis of the regulatory criteria for defining
appropriated fund FWS wage areas, we find that McKean and Warren
Counties would be more appropriately defined as part of the Buffalo
area of application. The distance criterion is the major factor in our
determination. McKean and Warren Counties are closer to the Buffalo
survey area than to the Pittsburgh survey area. McKean County is
approximately 157 km (98 miles) from Buffalo and 277 km (172 miles)
from Pittsburgh. Warren County is approximately 153 km (95 miles) from
Buffalo and 257 km (160 miles) from Pittsburgh. We reviewed the other
criteria, but they did not favor one wage area more than another.
Analysis of OPM's regulatory criteria for Elk and Forest Counties
does not show a clear indication that Elk and Forest Counties should be
placed in a different FWS wage area. However, the southern part of the
Allegheny National Forest is located in portions of Elk and Forest
Counties. Since part of the Forest would therefore fall within the
boundaries of two separate wage areas, we also propose that the
Allegheny National Forest portions of Elk and Forest Counties be
redefined to the Buffalo area of application. This would continue to
place the Allegheny National Forest in a single wage area and would
provide equal pay treatment for FWS employees with employment locations
in the Forest. The remaining portion of Elk and Forest Counties would
continue to be part of the Pittsburgh wage area. We believe the mixed
nature of our regulatory analysis findings indicates that the remaining
employment locations in Elk and Forest Counties remain appropriately
defined to the Pittsburgh wage area.
The Federal Prevailing Rate Advisory Committee (FPRAC), the
national labor-management committee responsible for advising OPM on
matters concerning the pay of FWS employees, recommended these changes
by consensus. FPRAC recommended no other changes in the geographic
definitions of the Buffalo and Pittsburgh wage areas. The affected
employees in Elk, Forest, McKean, and Warren Counties would be placed
on the wage schedule for the Buffalo wage area on the first day of the
first applicable pay period beginning on or after 30 days following
publication of the final regulations.
Regulatory Flexibility Act
I certify that these regulations would not have a significant
economic impact on a substantial number of small entities because they
would affect only Federal agencies and employees.
List of Subjects in 5 CFR Part 532
Administrative practice and procedure, Freedom of information,
Government employees, Reporting and recordkeeping requirements, Wages.
U.S. Office of Personnel Management.
Michael W. Hager,
Acting Director.
Accordingly, the U.S. Office of Personnel Management is proposing
to amend 5 CFR part 532 as follows:
PART 532--PREVAILING RATE SYSTEMS
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.
2. In appendix C to subpart B, the wage area listing for the State
of New York is amended by revising the listing for Buffalo; and for the
State of Pennsylvania, by revising the listing for Pittsburgh, to read
as follows:
[[Page 58507]]
Appendix C to Subpart B of Part 532--Appropriated Fund Wage and Survey
Areas
* * * * *
NEW YORK
* * * * *
Buffalo
Survey Area
New York:
Erie
Niagara
Area of Application. Survey area plus:
New York:
Cattaraugus
Chautauqua
Pennsylvania:
Elk (Only includes the Allegheny National Forest portion)
Forest (Only includes the Allegheny National Forest portion)
McKean
Warren
* * * * *
PENNSYLVANIA
* * * * *
Pittsburgh
Survey Area
Pennsylvania:
Allegheny
Beaver
Butler
Washington
Westmoreland
Area of Application. Survey area plus:
Pennsylvania:
Armstrong
Bedford
Blair
Cambria
Cameron
Centre
Clarion
Clearfield
Clinton
Crawford
Elk (Does not include the Allegheny National Forest portion)
Erie
Fayette
Forest (Does not include the Allegheny National Forest portion)
Greene
Huntingdon
Indiana
Jefferson
Lawrence
Mercer
Potter
Somerset
Venango
Ohio:
Belmont
Carroll
Harrison
Jefferson
Tuscarawas
West Virginia:
Brooke
Hancock
Marshall
Ohio
* * * * *
[FR Doc. E8-23725 Filed 10-6-08; 8:45 am]
BILLING CODE 6325-39-P