88 FR 219 pgs. 78223-78224 - Prevailing Rate Systems; Abolishment of Allegheny, Pennsylvania, as a Nonappropriated Fund Federal Wage System Wage Area
Type: RULEVolume: 88Number: 219Pages: 78223 - 78224
Pages: 78223, 78224Docket number: [Docket ID: OPM–2023–0017]
FR document: [FR Doc. 2023–25154 Filed 11–14–23; 8:45 am]
Agency: Personnel Management Office
Official PDF Version: PDF Version
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 532
[Docket ID: OPM-2023-0017]
RIN 3206-AO60
Prevailing Rate Systems; Abolishment of Allegheny, Pennsylvania, as a Nonappropriated Fund Federal Wage System Wage Area
AGENCY:
Office of Personnel Management.
ACTION:
Final rule.
SUMMARY:
The Office of Personnel Management (OPM) is issuing a final rule to abolish the Allegheny, Pennsylvania, nonappropriated fund (NAF) Federal Wage System (FWS) wage area and redefine Cuyahoga County, Ohio, to the Macomb, Michigan, NAF wage area; Trumbull County, OH, to the Niagara, New York, NAF wage area; Allegheny and Butler Counties, PA, to the Cumberland, PA, NAF wage area; Harrison County, West Virginia, to the Prince William, Virginia, NAF wage area; and Westmoreland County, PA, will no longer be defined. These changes are necessary because NAF FWS employment in the survey area is now below the minimum criterion of 26 wage employees to maintain a wage area, and the local activities no longer have the capability to conduct local wage surveys.
DATES:
Effective date: This regulation is effective December 15, 2023.
Applicability date: This change applies on the first day of the first applicable pay period beginning on or after December 15, 2023.
FOR FURTHER INFORMATION CONTACT:
Ana Paunoiu, by telephone at (202) 606-2858 or by email at pay-leave-policy@opm.gov.
SUPPLEMENTARY INFORMATION:
On August 15, 2023, OPM issued a proposed rule (88 FR 55421) to abolish the Allegheny, PA, NAF FWS wage area and redefine Cuyahoga County, OH, as an area of application county to the Macomb, MI, NAF wage area; Trumbull County, OH, as an area of application county to the Niagara, NY, NAF wage area; Allegheny and Butler Counties, PA, as an area of application counties to the Cumberland, PA, NAF wage area; and Harrison County, WV, as an area of application county to the Prince William, VA, NAF wage area. Westmoreland County, PA, will no longer be defined to a NAF wage area. The Federal Prevailing Rate Advisory Committee, the national labor-management committee responsible for advising OPM on matters concerning the pay of FWS employees, reviewed and recommended these changes by consensus.
The proposed rule had a 30-day comment period, during which OPM received no comments. Therefore, this final rule adopts the proposed rule at 88 FR 55421 without change.
Expected Impact of This Rule
Section 5343 of title 5, U.S. Code, provides OPM with the authority and responsibility to define the boundaries of NAF FWS wage areas. Any changes in wage area definitions can have the long-term effect of increasing pay for Federal employees in affected locations. OPM expects this final rule to impact approximately 26 NAF FWS employees. Considering the small number of employees affected, OPM does not anticipate this rule will substantially impact local economies or have a large impact in local labor markets. As this and future wage area changes may impact higher volumes of employees in geographical areas and could rise to the level of impacting local labor markets, OPM will continue to study the implications of such impacts in this or future rules as needed.
Regulatory Review
Executive Orders 13563, 12866, and 14094 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). This rule is not a "significant regulatory action" under the provisions of Executive Order 14094 and, therefore, was not reviewed by OMB.
Regulatory Flexibility Act
The Director of OPM certifies that this rule will not have a significant economic impact on a substantial number of small entities.
Federalism
OPM has examined this rule in accordance with Executive Order 13132, Federalism, and have determined that this rule will not have any negative impact on the rights, roles and responsibilities of State, local, or tribal governments.
Civil Justice Reform
This rule meets the applicable standard set forth in Executive Order 12988.
Unfunded Mandates Act of 1995
This rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.
Congressional Review Act
Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 (known as the Congressional Review Act or CRA) (5 U.S.C. 801 et seq. ) requires most final rules to be submitted to Congress before taking effect. OPM will submit to Congress and the Comptroller General of the United States a report regarding the issuance of this rule before its effective date. The Office of Information and Regulatory Affairs in the Office of Management and Budget has determined that this rule is not a major rule as defined by the CRA (5 U.S.C. 804).
Paperwork Reduction Act
This rule does not impose any reporting or record-keeping requirements subject to the Paperwork Reduction Act.
List of Subjects in 5 CFR Part 532
Administrative practice and procedure, Freedom of information, Government employees, Reporting and recordkeeping requirements, Wages.
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Kayyonne Marston,
Federal Register Liaison.
Accordingly, OPM amends 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 D to subpart B, amend the table by revising the wage area listing for the States of Michigan, New York, Pennsylvania, and Virginia to read as follows:
Appendix D to Subpart B of Part 532-Nonappropriated Fund Wage and Survey Areas
Definitions of Wage Areas and Wage Area Survey Areas
MICHIGAN
Macomb
Survey Area
Michigan:
Macomb
Area of Application. Survey area plus:
Michigan:
Alpena
Calhoun
Crawford
Grand Traverse
Huron
Iosco
Kent
Leelanau
Ottawa
Saginaw
Washtenaw
Wayne
Ohio:
Cuyahoga
Lucas
Ottawa
NEW YORK
Jefferson
Survey Area
New York:
Jefferson
Area of Application. Survey area plus:
New York:
Albany
Oneida
Onondaga
Ontario
Schenectady
Steuben
Kings-Queens
Survey Area
New York:
Kings
Queens
Area of Application. Survey area plus:
New Jersey:
Essex
Hudson
New York:
Bronx
Nassau
New York
Richmond
Suffolk
Niagara
Survey Area
New York:
Niagara
Area of Application. Survey area plus:
New York:
Erie
Genesee
Ohio:
Trumbull
Pennsylvania:
Erie
Orange
Survey Area
New York:
Orange
Area of Application. Survey area plus:
New York:
Dutchess
Westchester
PENNSYLVANIA
Cumberland
Survey Area
Pennsylvania:
Cumberland
Area of Application. Survey area plus:
Pennsylvania:
Allegheny
Blair
Butler
Franklin
York
Survey Area
Pennsylvania:
York
Area of Application. Survey area plus:
Pennsylvania:
Lebanon
VIRGINIA
Alexandria-Arlington-Fairfax
Survey Area
Virginia (city):
Alexandria
Virginia (counties):
Arlington
Fairfax
Area of Application. Survey area.
Chesterfield-Richmond
Survey Area
Virginia (city):
Richmond
Virginia (county):
Chesterfield
Area of Application. Survey area plus:
Virginia (cities):
Bedford
Charlottesville
Salem
Virginia (counties):
Caroline
Nottoway
Prince George
West Virginia:
Pendleton
Hampton-Newport News
Survey Area
Virginia (cities):
Hampton
Newport News
Area of Application. Survey area plus:
Virginia (city):
Williamsburg
Virginia (county):
York
Norfolk-Portsmouth-Virginia Beach
Survey Area
Virginia (cities):
Norfolk
Portsmouth
Virginia Beach
Area of Application. Survey area plus:
North Carolina:
Pasquotank
Virginia (cities):
Chesapeake
Suffolk
Virginia (counties):
Accomack
Northampton
Prince William
Survey Area
Virginia:
Prince William
Area of Application. Survey area plus:
Virginia:
Fauquier
West Virginia:
Harrison
[FR Doc. 2023-25154 Filed 11-14-23; 8:45 am]
BILLING CODE 6325-39-P