[Federal Register Volume 64, Number 247 (Monday, December 27, 1999)]
[Rules and Regulations]
[Pages 72249-72250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33363]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 64, No. 247 / Monday, December 27, 1999 /
Rules and Regulations
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 532
RIN 3206-AI97
Prevailing Rate Systems; Abolishment of the Washington, MD,
Nonappropriated Fund Wage Area
AGENCY: Office of Personnel Management.
ACTION: Interim rule with request for comments.
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SUMMARY: The Office of Personnel Management is issuing an interim rule
that will abolish the Washington, MD, nonappropriated fund (NAF)
Federal Wage System (FWS) wage area, and establish a new Frederick, MD,
NAF FWS wage area. The abolishment of the Washington, MD, wage area and
the establishment of a new Frederick wage area is necessary because of
the closure of the Washington, MD, wage area's host installation, Fort
Ritchie. This closure has left the Department of Defense without an
installation in the survey area capable of hosting annual local wage
surveys. In addition, there are no longer any NAF FWS employees
stationed in Washington County.
DATES: Effective date: This interim rule is effective on December 31,
1999. Comments must be received by January 26, 2000.
ADDRESSES: Send or deliver written comments to Donald J. Winstead,
Assistant Director for Compensation Administration, Workforce
Compensation and Performance Service, Office of Personnel Management,
Room 7H31, 1900 E Street NW., Washington, DC 20415-8200, or FAX: (202)
606-4264.
FOR FURTHER INFORMATION CONTACT: Jennifer Hopkins by phone at (202)
606-2848, by FAX at (202) 606-0824, or by email at jdhopkin@opm.gov.
SUPPLEMENTARY INFORMATION: The Washington, MD, nonappropriated fund
(NAF) Federal Wage System (FWS) wage area is presently composed of one
survey county, Washington County, and two area of application counties,
Frederick County, MD, and Berkeley County, WV. The closure of the
Washington, MD, wage area's host activity, Fort Ritchie, left the
Department of Defense (DOD) without an activity in the survey area with
the capability to conduct annual local NAF wage surveys. Fort Ritchie
ceased operations on October 1, 1998. Since this closure, there are no
longer any NAF FWS employees stationed in Washington County. However,
the area of application counties, Frederick and Berkeley, continue to
have NAF FWS employment. Under section 5343(a)(1)(B)(i) of title 5,
United States Code, NAF wage areas ``shall not extend beyond the
immediate locality in which the particular prevailing rate employees
are employed.'' Therefore, Washington County should not be defined as
part of an NAF wage area. DOD recommended that the Office of Personnel
Management (OPM) abolish the Washington, MD, NAF wage area and
establish a new Frederick, MD, NAF wage area. The new Frederick, MD,
NAF wage area will be composed of one survey county, Frederick County,
MD, and one area of application county, Berkeley County, WV.
Under section 532.219(b) of title 5, Code of Federal Regulations,
NAF wage areas are established 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 there are within the survey area a
minimum of 1,800 private enterprise employees in establishments within
survey specifications. Frederick County meets the regulatory
requirements to be established as a separate NAF survey area. There are
approximately 36 NAF FWS employees stationed in Frederick County, and a
local Federal installation, Fort Detrick, has the capability to host
annual local wage surveys. Furthermore, Frederick County has more than
the required minimum number of private enterprise employees in
establishments within survey specifications. There are approximately 10
NAF FWS employees stationed in Berkeley County, WV, which does not meet
the criteria to be established as a separate NAF wage area. Therefore,
the county must be defined as an area of application.
When defining NAF wage areas, OPM evaluates several factors under
section 532.219 of title 5, Code of Federal Regulations. OPM considers
the following criteria when defining NAF wage area boundaries:
(i) Proximity of largest 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.
The closest major Federal installation to Fort Ritchie is Fort
Detrick. Fort Ritchie is approximately 42 km (26 miles) from Fort
Detrick. Commuting patterns indicate that 9 percent of the Washington
County resident workforce commutes to Frederick County. Transportation
facilities consist of major interstate and State highways and do not
favor one county more than another. Also, a review of the similarities
of the counties in terms of overall population, employment, and kinds
and sizes of industrial establishments does not favor one county more
than another.
The closest major Federal installation to the Department of
Veterans Affairs Medical Center, Martinsburg, located in Berkeley
County, WV, is Fort Detrick. The VA Medical Center is approximately 70
km (42 miles) from Fort Detrick. Commuting patterns indicate that
approximately 2 percent of the Berkeley County resident workforce
commutes to Frederick County and approximately 2 percent of the
Berkeley County resident workforce commutes to the Prince George--
Montgomery County survey area. Transportation facilities consist of
major interstate and State highways and do not favor one county more
than another. Also, a review of the similarities of the counties in
terms of overall population, employment, and kinds and sizes of
industrial establishments does not favor one county more than another.
Based on an analysis of these regulatory criteria, OPM proposes to
establish Frederick, MD, as a new NAF wage area and define Berkeley
County, WV, as an area of application. Full-scale wage surveys will be
ordered in the
[[Page 72250]]
Frederick, MD, NAF wage area in January of even fiscal years, with the
first full-scale wage survey for the Frederick wage area beginning in
January 2000. 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 concurred
by consensus with these changes.
Waiver of Notice of Proposed Rulemaking
Pursuant to section 553(b)(3)(B) of title 5, United States Code, I
find that good cause exists for waiving 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. The
notice is being waived and the regulation is being made effective in
less than 30 days because the Washington, MD, NAF wage survey would
have been ordered in January 2000.
By issuing the interim rule, the new Frederick, MD, NAF wage area
will be ordered in January 2000, and preparations for the wage survey
must begin immediately.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because it 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.
Janice R. Lachance,
Director.
Accordingly, the Office of Personnel Management proposes 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. Appendix B to subpart B of part 532 is amended for the State of
Maryland by removing the entry for ``Washington'' and by adding
alphabetically a new entry for ``Frederick'' with a beginning survey
month of ``January'' and a fiscal year of full-scale survey of
``Even''.
3. Appendix D to subpart B is amended by removing the wage area
listing for Washington, Maryland, and by adding alphabetically a new
entry for Frederick, Maryland, to read as follows:
Appendix D to Subpart B of Part 532--Nonappropriated Fund Wage and
Survey Areas
* * * * *
Maryland
* * * * *
Frederick
Survey Area
Maryland:
Frederick
Area of Application. Survey area plus:
West Virginia:
Berkeley
[FR Doc. 99-33363 Filed 12-23-99; 8:45 am]
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