[Federal Register Volume 61, Number 153 (Wednesday, August 7, 1996)]
[Rules and Regulations]
[Pages 40949-40950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20092]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
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Federal Register / Vol. 61, No. 153 / Wednesday, August 7, 1996 /
Rules and Regulations
[[Page 40949]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 531
RIN 3206-AG88
Pay Under the General Schedule; Locality Pay Areas for 1997
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management is issuing final
regulations to remove three metropolitan areas from the ``Rest of
U.S.'' locality pay area and establish three new locality pay areas in
January 1997 corresponding to these metropolitan areas. The three
metropolitan areas affected by these final regulations are: Milwaukee-
Racine, WI; Minneapolis-St. Paul, MN-WI; and Pittsburgh, PA. The
President's Pay Agent made the final determination on the boundaries of
the new locality pay areas after considering the recommendations of the
Federal Salary Council and public comments.
EFFECTIVE DATE: The regulations are effective on January 1, 1997, and
are applicable on the first day of the first pay period beginning on or
after January 1, 1997.
FOR FURTHER INFORMATION CONTACT:
Jeanne Jacobson, (202) 606-2858 or FAX: (202) 606-0824.
SUPPLEMENTARY INFORMATION: On October 16, 1995, the Office of Personnel
Management (OPM) published proposed regulations to remove three
metropolitan areas from the ``Rest of U.S.'' locality pay area and
establish three new locality pay areas in January 1997 corresponding to
these metropolitan areas based on the recommendations of the Federal
Salary Council. (See 60 FR 53545.) After considering the views of the
Federal Salary Council and comments from agencies, organizations, and
individuals, the President's Pay Agent (consisting of the Secretary of
Labor, the Director of the Office of Management and Budget (OMB), and
the Director of OPM) decided to adopt the Federal Salary Council's
recommendations on the three new locality pay areas. This determination
was reflected in the Pay Agent's November 29, 1995, report to the
President. These final regulations list the locality pay areas for
1997, including the three new locality pay areas corresponding to the
following Metropolitan Statistical Areas (MSA's) or Consolidated
Metropolitan Statistical Areas (CMSA's), as defined by OMB: (1)
Milwaukee-Racine, WI; (2) Minneapolis-St. Paul, MN-WI; and (3)
Pittsburgh, PA.
The definitions of the MSA's and CMSA's that comprise the locality
pay areas are found in OMB Bulletin No. 96-08, June 28, 1996. Based on
these definitions, the three new locality pay areas will be composed of
the following geographic areas:
(1) Milwaukee-Racine, WI--includes Milwaukee, Ozaukee, Washington,
Waukesha, and Racine Counties;
(2) Minneapolis-St. Paul, MN-WI--includes, in Minnesota, Anoka,
Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne,
Washington, and Wright Counties and, in Wisconsin, Pierce and St. Croix
Counties; and
(3) Pittsburgh, PA--includes Allegheny, Beaver, Butler, Fayette,
Washington, and Westmoreland Counties.
The boundaries of locality pay areas are subject to change if the
boundaries of the corresponding MSA's and CMSA's change, as determined
by OMB.
OPM received comments on the boundaries of the proposed locality
pay areas from nine agency field offices, four employee organizations,
and two individuals. Most commenters fully supported the boundaries of
the new locality pay areas. However, three commenters requested that
certain additional areas in the ``Rest of U.S.'' locality pay area be
included in the Minneapolis-St. Paul, MN-WI, locality pay area. These
areas are Waseca County, MN; the city of Rochester, MN; and Pine
County, MN. However, as explained below, none of these locations meets
all of the criteria set forth by the Federal Salary Council for removal
from the ``Rest of U.S.'' locality pay area and inclusion as an ``area
of application'' in the Minneapolis-St. Paul locality pay area.
Prior to the implementation of locality pay in 1994, the
President's Pay Agent adopted the Federal Salary Council's
recommendation that the boundaries of locality pay areas follow the
boundaries of MSA's and CMSA's, as defined by OMB. The Federal Salary
Council also recommended that certain areas outside the boundaries of
an MSA or CMSA (i.e., ``areas of application'') be included in the
locality pay area if they meet certain criteria.
In order for the Federal Safety Council to recommend an area as a
county-wide area of application for the January 1997 locality payments,
the affected county must--
1. Be contiguous to a pay locality;
2. Contain at least 2,000 GS-GM employees;
3. Have a significant level of urbanization, based on 1990 Census
data. A `significant level of urbanization'' is defined as a population
density of more than 200 per square mile or at least 90 percent of the
population in urbanized areas; and
4. Demonstrate some economic linkage with the pay locality, defined
as commuting at a level of 5 percent or more into or from the areas in
question. The areas in question are the contiguous county under
consideration and the central counties (or in the case of New England,
the central cores) identified by the Census Bureau for the process of
defining the CMSA's and MSA's involved.
In the case of Waseca County, criterion 1--that the county be
contiguous to the Minneapolis-St. Paul, MN-WI, locality pay area--is
not met.
With respect to the city of Rochester, MN, under established
policies, areas of application must comprise entire counties (except
where a Federal facility crosses pay area boundaries). Even if
individual cities could be considered, Rochester would not meet
criterion 1--that an area of application be contiguous to a pay
locality. Nor does Olmstead County, MN, meet this criterion.
In the case of Pine County, criterion 2--that it contain at least
2,000 GS-GM employees--and criterion 3--that it have a significant
level of urbanization--are not met.
Therefore, because the FSC's criteria for ``areas of application''
were not met
[[Page 40950]]
none of the those areas in question will be part of the Minneapolis-St.
Paul, MN-WI, locality pay area.
E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with E.O. 12866.
Regulatory Flexibility Act
In certify that these regulations will not have a significant
impact on a substantial number of small entities because they will
apply only to Federal agencies and employees.
List of Subjects in 5 CFR Part 531
Government employees, Law enforcement officers, Wages.
Office of Personnel Management,
James B. King,
Director.
Accordingly, OPM is amending part 531 of title 5, Code of Federal
Regulations, as follows:
PART 531--PAY UNDER THE GENERAL SCHEDULE
1. The authority citation for part 531 continues to read as
follows:
Authority: 5 U.S.C. 5115, 5307, and 5338; sec. 4 of Pub. L. 103-
89, 107 Stat. 981; and E.O. 12748, 56 FR 4521, 3 CFR, 1991 Comp., p.
316;
Subpart B also issued under 5 U.S.C. 5303(g), 5333, 5334(a), and
7701(b)(2);
Subpart C also issued under 5 U.S.C. 5304, 5305, and 5553;
sections 302 and 404 of FEPCA, Pub. L. 101-509, 104 Stat. 1462 and
1466; and section 3(7) of Pub. L. 102-378, 106 Stat. 1356;
Subpart D also issued under 5 U.S.C. 5335(g) and 7701(b)(2);
Subpart E also issued under 5 U.S.C. 5336;
Subpart F also issued under 5 U.S.C. 5304, 5305(b)(1), and 5553;
and E.O. 12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 682;
Subpart G also issued under 5 U.S.C. 5304, 5305, and 5553;
section 302 of the Federal Employees Pay Comparability Act of 1990
(FEPCA), Pub. L. 101-509, 104 Stat 1462; and E.O. 12786, 56 FR
67453, 3 CFR, 1991 Comp., p. 376.
Subpart F--Locality-Based Comparability Payments
2. In Sec. 531.603, paragraph (b) is revised to read as follows:
Sec. 531.603 Locality pay areas.
* * * * *
(b) The following are locality pay areas for the purpose of this
subpart:
(1) Atlanta, GA--consisting of the Atlanta, GA MSA;
(2) Boston-Worcester-Lawrence, MA-NH-ME-CT--consisting of the
Boston-Worcester-Lawrence, MA-NH-ME-CT CMSA;
(3) Chicago-Gary-Kenosha, IL-IN-WI--consisting of the Chicago-Gary-
Kenosha, IL-IN-WI CMSA;
(4) Cincinnati-Hamilton, OH-KY-IN--consisting of the Cincinnati-
Hamilton, OH-KY-IN CMSA;
(5) Cleveland-Akron, OH--consisting of the Cleveland-Akron, OH
CMSA;
(6) Columbus, OH--consisting of the Columbus, OH MSA;
(7) Dallas-Fort Worth, TX--consisting of the Dallas-Fort Worth, TX
CMSA;
(8) Dayton-Springfield, OH--consisting of the Dayton-Springfield,
OH MSA;
(9) Denver-Boulder-Greeley, CO--consisting of the Denver-Boulder-
Greeley, CO CMSA;
(10) Detroit-Ann Arbor-Flint, MI--consisting of the Detroit-Ann
Arbor-Flint, MI CMSA;
(11) Houston-Galveston-Brazoria, TX--consisting of the Houston-
Galveston-Brazoria, TX CMSA;
(12) Huntsville, AL--consisting of the Huntsville, AL MSA;
(13) Indianapolis, IN--consisting of the Indianapolis, IN MSA;
(14) Kansas City, MO-KS--consisting of the Kansas City, MO-KS MSA;
(15) Los Angeles-Riverside-Orange County, CA--consisting of the Los
Angeles-Riverside-Orange County, CA CMSA, plus Santa Barbara County,
CA, and that portion of Edwards Air Force Base, CA, not located within
the Los Angeles-Riverside-Orange County, CA CMSA;
(16) Miami-Fort Lauderdale, FL--consisting of the Miami-Fort
Lauderdale, FL CMSA;
(17) Milwaukee-Racine, WI--consisting of the Milwaukee-Racine, WI
CMSA;
(18) Minneapolis-St. Paul, MN-WI--consisting of the Minneapolis-St.
Paul, MN-WI MSA;
(19) New York-Northern New Jersey-Long Island, NY-NJ-CT-PA--
consisting of the New York-Northern New Jersey-Long Island, NY-NJ-CT-PA
CMSA;
(20) Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD--consisting
of the Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD CMSA;
(21) Pittsburg, PA--consisting of the Pittsburgh, PA MSA;
(22) Portland-Salem, OR-WA--consisting of the Portland-Salem, OR-WA
CMSA;
(23) Richmond-Petersburg, VA--consisting of the Richmond-
Petersburg, VA MSA;
(24) Sacramento-Yolo, CA--consisting of the Sacramento-Yolo, CA
CMSA;
(25) St. Louis, MO-IL--consisting of the St. Louis, MO-IL MSA;
(26) San Diego, CA--consisting of the San Diego, CA MSA;
(27) San Francisco-Oakland-San Jose, CA--consisting of the San
Francisco-Oakland-San Jose, CA CMSA;
(28) Seattle-Tacoma-Bremerton, WA--consisting of the Seattle-
Tacoma-Bremerton, WA CMSA;
(29) Washington-Baltimore, DC-MD-VA-WV--consisting of the
Washington-Baltimore, DC-MD-VA-WV CMSA, plus St. Mary's County, MD; and
(30) Rest of U.S.--consisting of those portions of the continental
United States not located within another locality pay area.
[FR Doc. 96-20092 Filed 8-6-96; 8:45 am]
BILLING CODE 6325-01-M
