E8-28916. Prevailing Rate Systems; Redefinition of the Little Rock, AR, Southern Missouri, and Tulsa, OK, Appropriated Fund Federal Wage System Wage Areas

AGENCY:

U.S. Office of Personnel Management.

ACTION:

Proposed rule with request for comments.

SUMMARY:

The U.S. Office of Personnel Management is issuing a proposed rule that would redefine the geographic boundaries of the Little Rock, AR, Southern Missouri, and Tulsa, OK, appropriated fund Federal Wage System (FWS) wage areas. The proposed rule would redefine Crawford and Sebastian Counties, AR, from the Little Rock wage area to the Tulsa wage area and Madison County, AR, and McDonald County, MO, from the Southern Missouri wage area to the Tulsa wage area. These changes are based on recent consensus recommendations 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 Little Rock, Southern Missouri, and Tulsa FWS wage areas.

DATES:

We must receive comments on or before January 7, 2009.

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 [e-mail]; or FAX: [phone].

FOR FURTHER INFORMATION CONTACT:

Madeline Gonzalez, [phone]; e-mail [e-mail]; or FAX: [phone].

SUPPLEMENTARY INFORMATION:

The U.S. Office of Personnel Management (OPM) is issuing a proposed rule to redefine the Little Rock, AR, Southern Missouri, and Tulsa, OK, appropriated fund Federal Wage System (FWS) wage areas. This proposed rule would redefine Crawford and Sebastian Counties, AR, from the Little Rock wage area to the Tulsa wage area and Madison County, AR, and McDonald County, MO, from the Southern Missouri wage area to the Tulsa 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.

OPM recently completed reviews of the definitions of the Fayetteville-Springdale-Rogers, AR-MO and Fort Smith, AR-OK Metropolitan Statistical Areas (MSAs) and, based on analyses of the regulatory criteria for defining wage areas, is proposing the changes described below. 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 Little Rock, Southern Missouri, and Tulsa wage areas. The affected employees in Crawford, Madison, and Sebastian Counties, AR, and McDonald County, MO, would be placed on the wage schedule for the Tulsa wage area on the first day of the first applicable pay period beginning on or after 30 days following publication of the final regulations.

Fayetteville-Springdale-Rogers, AR-MO MSA: Benton, Madison, and Washington Counties, AR, and McDonald County, MO, comprise the Fayetteville-Springdale-Rogers, AR-MO MSA. The Fayetteville-Springdale-Rogers MSA is split between the Little Rock, AR, Southern Missouri, and Tulsa, OK, wage areas. Madison County is part of the area of application of the Little Rock wage area, McDonald County is part of the area of application of the Southern Missouri wage area, and Benton and Washington Counties are part of the area of application of the Tulsa wage area.

Based on an analysis of the regulatory criteria for Washington County, the location of the main population center in the Fayetteville-Springdale-Rogers MSA, we recommend that the entire Fayetteville-Springdale-Rogers MSA be defined to the Tulsa wage area. The distance criterion for Washington County favors the Tulsa wage area more than Little Rock or Southern Missouri wage areas. All other criteria are inconclusive. We believe our regulatory analysis findings indicate that Washington County is appropriately defined to the Tulsa wage area. OPM regulations at 5 CFR 532.211 permit splitting MSAs only in very unusual circumstances (e.g., organizational relationships among closely located Federal activities). There appear to be no unusual circumstances that would permit splitting the Fayetteville-Springdale-Rogers MSA. To comply with OPM regulations not to split MSAs, Madison and McDonald Counties would be redefined to the Tulsa wage area. The remaining county in the Fayetteville-Springdale-Rogers MSA, Benton County, is already defined to the Tulsa wage area.

Fort Smith, AR-OK MSA: Crawford, Franklin, and Sebastian Counties, AR, and Le Flore and Sequoyah Counties, OK, comprise the Fort Smith, AR-OK MSA. The Fort Smith MSA is split between the Little Rock, AR, wage area and the Tulsa, OK, wage area. Crawford, Franklin, and Sebastian Counties are part of the area of application of the Little Rock wage area, and Le Flore and Sequoyah Counties are part of the area of application of the Tulsa wage area.

Based on an analysis of the regulatory wage area criteria in 5 CFR 532.211, we recommend that Crawford and Sebastian Counties be redefined to the Tulsa area of application. The distance criterion favors the Tulsa wage area more than the Little Rock wage area. All other criteria are inconclusive. Based on the mixed nature of our regulatory analysis findings, there is no clear indication that Crawford or Sebastian Counties should be placed in a different FWS wage area. However, since OPM regulations at 5 CFR 532.211 permit splitting MSAs only in very unusual circumstances (e.g., organizational relationships among closely located Federal activities) and the Fort Smith MSA is adjacent to the Tulsa survey area but not adjacent to the Little Rock survey area, we recommend that Crawford and Sebastian Counties be redefined to the Tulsa wage area.

Based on an analysis of the regulatory wage area criteria, we recommend that Franklin County remain part of the Little Rock area of application. When measuring from cities, the distance criterion favors the Little Rock wage area. When measuring from host installations, the distance criterion favors the Tulsa wage area. All other criteria are inconclusive. Based on our regulatory analysis findings, there is no clear indication that Franklin County should be placed in a different FWS wage area. In addition, the western part of the Ozark National Forest is located in portions of Crawford and Franklin Counties. There are no FWS employees working in Crawford County, but there are nine FWS Forest Service employees working in Franklin County. OPM regulations at 5 CFR 532.211 permit splitting MSAs in unusual circumstances. Since there are FWS Forest Service employees working at Ozark National Forest locations in closely located counties, we recommend that Franklin County remain defined to the Little Rock wage area. This would continue to provide equal pay treatment for FWS employees with employment locations in the Forest.

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; § 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 Arkansas is amended by revising the listing for Little Rock; for the State of Missouri, by revising the listing for Southern Missouri, and for the State of Oklahoma, by revising the listing for Tulsa, to read as follows:

Appendix C to Subpart B of Part 532—Appropriated Fund Wage and Survey Areas

* * * * *

Arkansas

Little Rock

Survey Area

Arkansas:

Jefferson

Pulaski

Saline

Area of Application. Survey area plus:

Arkansas:

Arkansas

Ashley

Baxter

Boone

Bradley

Calhoun

Chicot

Clay

Clark

Cleburne

Cleveland

Conway

Dallas

Desha

Drew

Faulkner

Franklin

Fulton

Garland

Grant

Greene

Hot Spring

Independence

Izard

Jackson

Johnson

Lawrence

Lincoln

Logan

Lonoke

Marion

Monroe

Montgomery

Newton

Ouachita

Perry

Phillips

Pike

Polk

Pope

Prairie

Randolph

Scott

Searcy

Sharp

Stone

Union

Van Buren

White

Woodruff

Yell

*    *    *    *    *

Missouri

*    *    *    *    *

Southern Missouri

Survey Area

Missouri:

Christian

Greene

Laclede

Phelps

Pulaski

Webster

Area of Application. Survey area plus:

Missouri:

Barry

Barton

Benton

Bollinger

Butler

Camden

Cape Girardeau

Carter

Cedar

Dade

Dallas

Dent

Douglas

Hickory

Howell

Iron

Jasper

Lawrence

Madison

Maries

Miller

Mississippi

Moniteau

Morgan

New Madrid

Newton

Oregon

Ozark

Perry

Polk

Reynolds

Ripley

St. Clair

Scott

Shannon

Stoddard

Stone

Taney

Texas

Vernon

Wayne

Wright

Kansas:

Cherokee

Crawford

*    *    *    *    *

Oklahoma

*    *    *    *    *

Tulsa

Survey Area

Oklahoma:

Creek

Mayes

Muskogee

Osage

Pittsburg

Rogers

Tulsa

Wagoner

Area of Application. Survey area plus:

Oklahoma:

Adair

Cherokee

Choctaw

Craig

Delaware

Haskell

Kay

Latimer

Le Flore

McCurtain

McIntosh

Nowata

Okfuskee

Okmulgee

Ottawa

Pawnee

Pushmataha

Sequoyah

Washington

Arkansas:

Benton

Carroll

Crawford

Madison

Sebastian

Washington

Missouri:

McDonald

* * * * *