[Federal Register: November 4, 2008 (Volume 73, Number 214)]
[Rules and Regulations]
[Page 65495-65496]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no08-1]
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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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[[Page 65495]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 532
RIN 3206-AL74
Prevailing Rate Systems; Abolishment of Santa Clara, CA, as a
Nonappropriated Fund Federal Wage System Wage Area
AGENCY: U.S. Office of Personnel Management.
ACTION: Interim rule with request for comments.
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SUMMARY: The U.S. Office of Personnel Management is issuing an interim
rule to abolish the Santa Clara, California, nonappropriated fund (NAF)
Federal Wage System (FWS) wage area and redefine Santa Clara County,
CA, to the Monterey, CA, NAF wage area and Alameda, Contra Costa, and
San Francisco Counties, CA, to the Solano, CA, NAF wage area. San Mateo
County, CA, will no longer be defined. These changes are necessary
because the closure of the Moffett Federal Airfield Navy Exchange will
leave the Santa Clara wage area without an activity having the
capability to conduct a local wage survey.
DATES: Effective Date: This regulation is effective on November 4,
2008. We must receive comments on or before December 4, 2008.
Applicability date: FWS employees remaining in the Santa Clara wage
area will be transferred to the Monterey and Solano wage area schedules
on the first day of the first applicable pay period beginning on or
after November 15, 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 Santa Clara, California, nonappropriated
fund (NAF) Federal Wage System (FWS) wage area is presently composed of
one survey county, Santa Clara County, CA, and four area of application
counties, Alameda, Contra Costa, San Francisco, and San Mateo Counties,
CA. Under section 532.219 of title 5, Code of Federal Regulations, the
U.S. Office of Personnel Management (OPM) may establish an NAF wage
area when there are a minimum of 26 NAF wage employees in the survey
area, the 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
Department of Defense (DOD) notified OPM that the Moffett Federal
Airfield Navy Exchange has closed, leaving the Santa Clara NAF wage
area without an activity having the capability to conduct a local wage
survey. The NAF FWS employment in Santa Clara County is currently 9
employees at the Moffett Navy Lodge and 17 employees at the VA Medical
Center in Palo Alto. DOD recommended that OPM abolish the Santa Clara
NAF FWS wage area and redefine Santa Clara County to the Monterey, CA,
NAF wage area and Alameda, Contra Costa, and San Francisco Counties to
the Solano, CA, NAF wage area.
Since Santa Clara, Alameda, Contra Costa, and San Francisco
Counties will have continuing NAF employment and do not meet the
regulatory criteria under 5 CFR 532.219 to be separate survey areas,
they must be areas of application. In defining counties as area of
application counties, OPM considers the following criteria:
(i) Proximity of largest facilities activity in each county;
(ii) Transportation facilities and commuting patterns; and
(iii) Similarities of the counties in:
(A) Overall population;
(B) Private employment in major industry categories; and
(C) Kinds and sizes of private industrial establishments.
In selecting a wage area to which Santa Clara County should be
redefined, proximity favors the Monterey NAF wage area. All other
criteria are inconclusive. Based on these findings, OPM is defining
Santa Clara County as an area of application to the Monterey NAF wage
area.
In selecting a wage area to which Alameda County should be
redefined, proximity favors the San Joaquin wage area over the Solano
wage area by approximately 1 mile. All other criteria are inconclusive.
Based on the mixed nature of the regulatory analysis findings, we
believe the fact that Alameda is geographically linked to Contra Costa,
with both counties encompassing the greater Oakland area, provides
strong evidence that Alameda and Contra Costa should remain together.
Therefore, OPM is defining Alameda County as an area of application to
the Solano wage area.
In selecting a wage area to which Contra Costa County should be
redefined, proximity favors the Solano wage area. Commuting patterns
very slightly favor the Solano wage area. All other criteria are
inconclusive. Based on the mixed nature of the regulatory analysis
findings, we believe the fact that Contra Costa is geographically
linked to Alameda, with both counties encompassing the greater Oakland
area, provides strong evidence that Alameda and Contra Costa should
remain together. Therefore, OPM is defining Contra Costa County as an
area of application to the Solano wage area.
In selecting a wage area to which San Francisco County should be
redefined, proximity favors the Solano wage area. All other criteria
are inconclusive. Based on these findings, OPM is defining San
Francisco County as an area of application to the Solano wage area.
OPM is removing San Mateo County from the wage area definition.
There are no longer NAF FWS employees working in San Mateo County.
Under 5 U.S.C. 5343(a)(1)(B)(i), NAF wage areas ``shall not extend
beyond the immediate locality in which the particular prevailing rate
employees are employed.'' Therefore, San Mateo County should not be
defined as part of an NAF wage area.
The Monterey NAF wage area would consist of one survey county,
Monterey County, and one area of application county, Santa Clara
County. The Solano NAF wage area would consist of one
[[Page 65496]]
survey county, Solano County, and six area of application counties:
Alameda, Contra Costa, Marin, Napa, San Francisco, and Sonoma Counties.
FWS employees remaining in the Santa Clara wage area will be
transferred to the Monterey and Solano wage area schedules on the first
day of the first applicable pay period beginning on or after November
15, 2008. The Federal Prevailing Rate Advisory Committee, the national
labor-management committee responsible for advising OPM on matters
concerning the pay of FWS employees, has reviewed and recommended these
changes by consensus.
Waiver of Notice of Proposed Rulemaking and Delay in Effective Date
Pursuant to 5 U.S.C. 553(b)(3)(B) and (d)(3), I find that good
cause exists to waive the general notice of proposed rulemaking. Also
pursuant to 5 U.S.C. 553(d)(3), I find that good cause exists for
making this rule effective in less than 30 days. This notice is being
waived and the regulation is being made effective in less than 30 days
because the closure of the Moffett Federal Airfield Navy Exchange will
leave the Santa Clara wage area without an activity having the
capability to conduct a local wage survey and the remaining NAF FWS
employees in Santa Clara, Alameda, Contra Costa, and San Francisco
Counties must be transferred to a continuing wage area as soon as
possible.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities because they
will 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.
Office of Personnel Management.
Michael W. Hager,
Acting Director.
0
Accordingly, the U.S. Office of Personnel Management is amending 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.
Appendix B to Subpart B of Part 532--Nationwide Schedule of
Nonappropriated Fund Regular Wage Surveys
0
2. Appendix B to subpart B is amended by removing, under the State of
California, ``Santa Clara.''
Appendix D to Subpart B of Part 532--Nonappropriated Fund Wage and
Survey Areas
0
3. Appendix D to subpart B is amended for the State of California by
removing the wage area listing for Santa Clara, California, and
revising the wage area listing for Monterey and Solano, California, to
read as follows:
* * * * *
California
* * * * *
Monterey
Survey Area
California:
Monterey.
Area of application. Survey area plus:
California:
Santa Clara.
* * * * *
Solano
Survey Area
California:
Solano.
Area of application. Survey area plus:
California:
Alameda.
Contra Costa.
Marin.
Napa.
San Francisco.
Sonoma.
[FR Doc. E8-26274 Filed 11-3-08; 8:45 am]
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