94-12462. Cost-of-Living Allowances (Nonforeign Areas) and Report on Summer 1993 Surveys Used To Determine Cost-of-Living Allowances in Selecting Nonforeign Areas; Proposed Rule and Notice OFFICE OF PERSONNEL MANAGEMENT  

  • [Federal Register Volume 59, Number 101 (Thursday, May 26, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-12462]
    
    
    [[Page Unknown]]
    
    [Federal Register: May 26, 1994]
    
    
    _______________________________________________________________________
    
    Part II
    
    
    
    
    
    Office of Personnel Management
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    5 CFR Part 591
    
    
    
    
    Cost-of-Living Allowances (Nonforeign Areas) and Report on Summer 1993 
    Surveys Used To Determine Cost-of-Living Allowances in Selecting 
    Nonforeign Areas; Proposed Rule and Notice
    OFFICE OF PERSONNEL MANAGEMENT
    
    5 CFR Part 591
    
    RIN 3206-AF88
    
     
    Cost-of-Living Allowances (Nonforeign Areas)
    
    AGENCY: Office of Personnel Management.
    
    ACTION: Proposed rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Office of Personnel Management (OPM) proposes to increase 
    certain cost-of-living allowance (COLA) rates paid to General Schedule, 
    U.S. Postal Service, and certain other Federal employees in Kauai 
    County, Hawaii; the City and County of Honolulu, Hawaii; Guam and the 
    Commonwealth of the Northern Mariana Islands; and the U.S. Virgin 
    Islands. OPM also proposes to consolidate the two nonforeign COLA areas 
    in the U.S. Virgin Islands into a single allowance area. In addition, 
    OPM proposes to remove from regulations three locations listed as 
    places where nonforeign post differentials are paid. These three 
    locations are no longer territories or possessions of the United States 
    and, therefore, are not covered by the nonforeign area post 
    differential program.
    
    DATES: Comments must be received on or before July 25, 1994.
    
    ADDRESSES: Send or deliver comments to Allan G. Hearne, Methodology 
    Development Branch, Office of Compensation Policy, Personnel Systems 
    and Oversight Group, Office of Personnel Management, room 6H31, 1900 E 
    Street NW., Washington, DC 20415.
    
    FOR FURTHER INFORMATION CONTACT:
    Allan G. Hearne, (202) 606-2838.
    
    SUPPLEMENTARY INFORMATION: Under section 5941 of title 5, United States 
    Code, certain Federal employees in nonforeign areas outside the 48 
    contiguous States are eligible for cost-of-living allowances (COLA's) 
    when local living costs are substantially higher than those in 
    Washington, DC. Nonforeign area COLA's are currently paid in the 
    following locations: Alaska, Hawaii, Puerto Rico, the U.S. Virgin 
    Islands, Guam, and the Commonwealth of the Northern Mariana Islands.
        OPM contracts with Runzheimer International to conduct living-cost 
    surveys in all of the nonforeign allowance areas. During the summer of 
    1993, Runzheimer surveyed Hawaii, Guam, Puerto Rico, and the U.S. 
    Virgin Islands. At that time, Runzheimer also surveyed the Washington, 
    DC, area, which is the base or reference area for living-cost 
    comparisons.
        As background to this notice of proposed rulemaking, OPM is 
    publishing a separate Federal Register notice immediately following 
    this notice. The separate notice provides the complete ``Report to OPM 
    on Living Costs in Hawaii, Guam and the Commonwealth of the Northern 
    Mariana Islands, Puerto Rico, United States Virgin Islands, and in the 
    Washington, DC, Area, March 1994,'' produced by Runzheimer 
    International. This report explains the methodology, procedures, and 
    results of the summer 1993 living-cost surveys.
        This notice of proposed rulemaking and the notice immediately 
    following are based only on the results of the summer 1993 surveys. OPM 
    is publishing the proposed rate adjustments and survey results at this 
    time to expedite the implementation of proposed COLA rate adjustments. 
    These notices do not cover the winter 1994 living-cost surveys 
    conducted in Alaska. Any proposed COLA rate adjustments and the results 
    of the winter 1994 surveys will be published in separate notices later 
    this year after OPM has fully analyzed the results of the Alaska 
    surveys.
        The proposed increases in COLA rates are summarized in the 
    following table:
    
                        Proposed Increases in COLA Rates                    
    ------------------------------------------------------------------------
                                                                    Proposed
                Allowance area category               Current rate    rate  
    ------------------------------------------------------------------------
    City and County of Honolulu, Hawaii; Commissary/ 17.5.........      20.0
     Exchange.                                                              
    County of Kauai, Hawaii; All Employees.........  17.5.........      20.0
    Territory of Guam and Commonwealth of the        17.5.........      20.0
     Northern Mariana Islands; Commissary/Exchange.                         
    U.S. Virgin Islands; All Employees.............  *12.5 or 17.5      17.5
    ------------------------------------------------------------------------
    *Current rates for St. Croix and St. Thomas/St. John, respectively.     
    
        OPM proposes to adjust only those rates that would increase. Rates 
    that would otherwise decrease will remain unchanged, as required by a 
    general provision in the Treasury, Postal Service, and General 
    Government Appropriations Act, 1992 (Pub. L. 102-141). Without this 
    provision, a total of four rates would decrease in three of the 
    allowance areas covered by the summer 1993 surveys.
        In addition to proposing COLA rate adjustments, OPM is proposing to 
    consolidate the two allowance areas in the U.S. Virgin Islands into a 
    single allowance area. The two allowance areas are (1) the island of 
    St. Croix and (2) the islands of St. Thomas and St. John. The new 
    allowance area would be named the U.S. Virgin Islands allowance area. 
    Living-cost surveys would continue to be conducted on both St. Croix 
    and St. Thomas, but the data would be consolidated to represent the 
    Virgin Islands as a whole. OPM believes this action would improve the 
    survey yield, which has been less than optimal. This action would also 
    address comments OPM received from members of Congress and Federal 
    employees concerning OPM's living-cost measurements in the Virgin 
    Islands.
        OPM also proposes to remove from regulations three locations that 
    are listed as places where nonforeign post differentials are paid. The 
    three locations are the Canton, Enderbury, and Christmas Islands. These 
    islands are no longer territories or possessions of the United States 
    and, therefore, are not covered by the nonforeign area post 
    differential program.
    
    Regulatory Flexibility Act
    
        I certify that this regulation will not have a significant economic 
    impact on a substantial number of small entities because the regulation 
    will affect only Federal agencies and employees.
    
    List of Subjects in 5 CFR Part 591
    
        Government employees, Travel and transportation expenses, Wages.
    
    U.S. Office of Personnel Management.
    James B. King,
    Director.
    
        Accordingly, OPM proposes to amend 5 CFR part 591 as follows:
    
    PART 591--ALLOWANCES AND DIFFERENTIALS
    
    Subpart B--Cost-of-Living Allowance and Post Differential--Nonforeign 
    Areas
        1. The authority citation for subpart B of part 591 continues to 
    read as follows:
    
        Authority: 5 U.S.C. 5941; E.O. 10000, 3 CFR, 1943-1948 Comp., p. 
    792; E.O. 12510, 3 CFR, 1985 Comp., p. 338.
    
        2. In Sec. 591.204, paragraph (b)(4) is revised to read as follows:
    
    
    Sec. 591.204  Establishment of allowance areas.
    
    * * * * *
        (b) * * *
        (4) The U.S. Virgin Islands.
    * * * * *
        3. In Sec. 591.208, paragraph (b) is revised to read as follows:
    
    
    Sec. 591.208  Post Differential.
    
    * * * * *
        (b) The places at which differentials are paid are--
        (1) American Samoa (including the island of Tutuila, the Manua 
    Islands, and all other islands of the Samoa group east of longitude 171 
    degrees west of Greenwich, together with Swains Island);
        (2) Guam;
        (3) The commonwealth of the Northern Mariana Islands;
        (4) Johnston Island and Sand Island; and
        (5) Midway Islands and Wake Island.
    * * * * *
        4. Appendix A of subpart B is revised to read as follows:
    
    Appendix A of Subpart B--Places and Rates at Which Allowances Shall 
    Be Paid
    
        This appendix lists the places where a cost-of-living allowance 
    has been approved and shows the allowance rate to be paid to 
    employees along with any special eligibility requirements for the 
    allowance payment. The allowance percentage rate shown is paid as a 
    percentage of an employee's rate of basic pay.
    
    ------------------------------------------------------------------------
                                                                  Authorized
                                                                   allowance
               Geographic coverage/allowance category                rate   
                                                                   (percent)
    ------------------------------------------------------------------------
    State of Alaska:                                                        
      City of Anchorage and 50-mile radius by road:                         
        Local Retail............................................       25.0 
        Commissary/Exchange.....................................       17.5 
      City of Faribanks and 50-mile radius by road:                         
        Local Retail............................................       25.0 
        Commissary/Exchange.....................................       20.0 
      City of Juneau and 50-mile radius by road:                            
        All Employees...........................................       25.0 
      Rest of the State:                                                    
        All Employees...........................................       25.0 
    State of Hawaii:                                                        
      City and county of Honolulu:                                          
        Local Retail............................................       22.5 
        Commissary/Exchange.....................................       20.0 
      County of Hawaii:                                                     
        All Employees...........................................       15.0 
      County of Kauai:                                                      
        All Employees...........................................       20.0 
      County of Maui and County of Kalawao:                                 
        All Employees...........................................       22.5 
    Territory of Guam and Commonwealth of the Northern Mariana              
     Islands:                                                               
      All Locations:                                                        
        Local Retail............................................       22.5 
        Commissary/Exchange.....................................       20.0 
    Commonwealth of Puerto Rico:                                            
      All Locations:                                                        
        Local Retail............................................       10.0 
        Commissary/Exchange.....................................        0.0 
    The U.S. Virgin Islands:                                                
        All Employees...........................................       17.5 
    ------------------------------------------------------------------------
    
    Definitions of Allowance Categories
    
        The following definitions of the allowance categories identified 
    in the tables in this appendix shall be used to determine employee 
    eligibility for the appropriate allowance rate:
    
    ------------------------------------------------------------------------
             Allowance category                       Definition            
    ------------------------------------------------------------------------
    Local Retail.......................  This category includes those       
                                          employees who purchase goods and  
                                          services from private retail      
                                          establishments.                   
    Commissary/Exchange................  This category includes those       
                                          employees who shop at private     
                                          retail establishments, but who, as
                                          a result of their Federal civilian
                                          employment, also have unlimited   
                                          access to commissary and exchange 
                                          facilities. This category is      
                                          established only in those         
                                          allowance areas that have these   
                                          facilities.                       
    ------------------------------------------------------------------------
    
        Note: Eligibility for access to military commissary and exchange 
    facilities is determined by the appropriate military department. If 
    an employee is furnished with these privileges for reasons 
    associated with his or her Federal civilian employment, he or she 
    will have an identification card that authorizes access to such 
    facilities. Possession of such an identification card--i.e., one 
    issued by reason of his or her Federal civilian employment--is 
    sufficient evidence that the employee uses the facilities.
    
        5. Appendix B of subpart B is revised to read as follows:
    
    Appendix B of Subpart B--Places and Rates at Which Differentials 
    Shall Be Paid
    
        This appendix lists the places where a post differential has 
    been approved and shows the differential rate to be paid to eligible 
    employees. The differential percentage rate shown is paid as a 
    percentage of an employee's rate of basic pay.
    
    ------------------------------------------------------------------------
                                   Percentage                               
         Geographic coverage      differential         Effective date       
                                      rate                                  
    ------------------------------------------------------------------------
    American Samoa (including              25   June 8, 1975.               
     the island of Tutuila, the                                             
     Manua Islands, and all                                                 
     other islands of the Samoa                                             
     group east of longitude 171                                            
     deg. west of Greenwich,                                                
     together with Swains                                                   
     Island).                                                               
    Johnston Island and Sand               25   Do.                         
     Island.                                                                
    Midway Islands..............           25   Do.                         
    Territory of Guam and                  20   First day of the first pay  
     Commonwealth of the                         period beginning on or     
     Northern Mariana Islands.                   after January 8, 1993.     
    Wake Island.................           25   June 8, 1975.               
    ------------------------------------------------------------------------
    
    [FR Doc. 94-12462 Filed 5-25-94; 8:45 am]
    BILLING CODE 6325-01-M
    
    
    

Document Information

Published:
05/26/1994
Entry Type:
Uncategorized Document
Action:
Proposed rule.
Document Number:
94-12462
Dates:
Comments must be received on or before July 25, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: May 26, 1994
CFR: (2)
5 CFR 591.204
5 CFR 591.208