[Federal Register Volume 72, Number 219 (Wednesday, November 14, 2007)]
[Rules and Regulations]
[Pages 63968-63969]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22263]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AL44


Prevailing Rate Systems; Abolishment of Rock Island, IL, as a 
Nonappropriated Fund Federal Wage System Wage Area

AGENCY: U.S. Office of Personnel Management.

ACTION: Interim rule with request for comments.

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SUMMARY: The U.S. Office of Personnel Management is issuing an interim 
rule to abolish the Rock Island, Illinois, nonappropriated fund (NAF) 
Federal Wage System (FWS) wage area and redefine Rock Island County, 
IL, and Johnson County, Iowa, as areas of application to the Lake, IL, 
NAF FWS wage area. Carroll County, IL, will no longer be defined. These 
changes are necessary because employment has significantly declined in 
the Rock Island NAF wage area.

DATES: Effective date: This regulation is effective on November 14, 
2007. We must receive comments on or before December 14, 2007. 
Applicability date: FWS employees remaining in Rock Island County, IL, 
and Johnson County, IA, will be transferred to the Lake, IL, NAF wage 
area schedule on the first day of the first applicable pay period 
beginning on or after December 15, 2007.

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 pay-
performance-policy@opm.gov; or FAX: (202) 606-4264.

FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, (202) 606-2838; e-
mail pay-performance-policy@opm.gov; or FAX: (202) 606-4264.

SUPPLEMENTARY INFORMATION: The Rock Island, Illinois, nonappropriated 
fund (NAF) Federal Wage System (FWS) wage area is presently composed of 
one survey county, Rock Island County, IL, and two area of application 
counties, Carroll County, IL, and Johnson County, Iowa. Under section 
532.219 of title 5, Code of Federal Regulations, the U.S. Office of 
Personnel Management (OPM) may establish an NAF wage area 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 the 
survey area has at least 1,800 private enterprise employees in 
establishments within survey specifications. The Department of Defense 
(DOD) notified OPM that a reduction in NAF employment in the Rock 
Island wage area has left only 14 NAF FWS employees in Rock Island 
County and 9 NAF FWS employees in Johnson County. DOD recommended that 
OPM abolish the Rock Island NAF FWS wage area and redefine Rock Island 
and Johnson Counties as areas of application to the Lake, IL, NAF FWS 
wage area.
    Since Rock Island and Johnson Counties will have continuing NAF 
employment and do not meet the regulatory criteria under 5 CFR 532.219 
to be separate survey areas, they must be areas of application. In 
defining counties as area of application counties, OPM considers the 
following criteria:
    (i) Proximity of largest facilities 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.
    In selecting a wage area to which Rock Island and Johnson Counties 
should be redefined, proximity favors the Lake NAF wage area. All other 
criteria are inconclusive. Based on the application of the regulatory 
criteria, OPM is defining Rock Island and Johnson Counties as areas of 
application to the Lake NAF wage area.
    OPM is removing Carroll County from the wage area definition. There 
are no longer NAF FWS employees working in Carroll County. Under 5 
U.S.C. 5343(a)(1)(B)(i), NAF wage areas ``shall not extend beyond the 
immediate locality in which the particular prevailing rate employees 
are employed.'' Therefore, Carroll County should not be defined as part 
of an NAF wage area.
    The Lake NAF wage area will consist of one survey county, Lake 
County, and eight area of application counties: Cook, Rock Island, and 
Vermilion Counties, IL; Johnson County, IA; Dickinson and Marquette 
Counties, Michigan; and Dane and Milwaukee Counties, Wisconsin. FWS 
employees remaining in the Rock Island wage area will be transferred to 
the Lake wage area schedule on the first day of the first applicable 
pay period beginning on or after December 15, 2007. 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 recommended this change by consensus.

Waiver of Notice of Proposed Rulemaking and Delay in Effective Date

    Pursuant to 5 U.S.C. 553(b)(3)(B) and (d)(3), I find that good 
cause exists to waive 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. This notice is being 
waived and the regulation is being made effective in less than 30 days 
because of the need to transfer the remaining NAF FWS employees in Rock 
Island and Johnson Counties to a continuing wage area as soon as 
possible.

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 
economic impact on a substantial number of small entities because they 
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.

U.S. Office of Personnel Management.
Linda M. Springer,
Director.

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Accordingly, the U.S. Office of Personnel Management is amending 5 CFR 
part 532 as follows:

PART 532--PREVAILING RATE SYSTEMS

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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.

[[Page 63969]]

Appendix B to Subpart B of Part 532--Nationwide Schedule of 
Nonappropriated Fund Regular Wage Surveys

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2. Appendix B to subpart B is amended by removing, under the State of 
Illinois, ``Rock Island.''

Appendix D to Subpart B of Part 532--Nonappropriated Fund Wage and 
Survey Areas

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3. Appendix D to subpart B is amended for the State of Illinois by 
removing the wage area listing for Rock Island, Illinois, and revising 
the wage area listing for Lake, Illinois, to read as follows:
* * * * *

                                ILLINOIS
 
                                * * * * *
                                  Lake
 
                               Survey Area
Illinois:
  Lake
 
                 Area of application. Survey area plus:
Illinois:
  Cook
  Rock Island
  Vermilion
Iowa:
  Johnson
Michigan:
  Dickinson
  Marquette
Wisconsin:
  Dane
  Milwaukee
 

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 [FR Doc. E7-22263 Filed 11-13-07; 8:45 am]
BILLING CODE 6325-39-P