[Federal Register Volume 73, Number 214 (Tuesday, November 4, 2008)]
[Rules and Regulations]
[Pages 65495-65496]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26274]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 73, No. 214 / Tuesday, November 4, 2008 / 
Rules and Regulations

[[Page 65495]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AL74


Prevailing Rate Systems; Abolishment of Santa Clara, CA, as a 
Nonappropriated Fund Federal Wage System Wage Area

AGENCY: U.S. Office of Personnel Management.

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The U.S. Office of Personnel Management is issuing an interim 
rule to abolish the Santa Clara, California, nonappropriated fund (NAF) 
Federal Wage System (FWS) wage area and redefine Santa Clara County, 
CA, to the Monterey, CA, NAF wage area and Alameda, Contra Costa, and 
San Francisco Counties, CA, to the Solano, CA, NAF wage area. San Mateo 
County, CA, will no longer be defined. These changes are necessary 
because the closure of the Moffett Federal Airfield Navy Exchange will 
leave the Santa Clara wage area without an activity having the 
capability to conduct a local wage survey.

DATES: Effective Date: This regulation is effective on November 4, 
2008. We must receive comments on or before December 4, 2008. 
Applicability date: FWS employees remaining in the Santa Clara wage 
area will be transferred to the Monterey and Solano wage area schedules 
on the first day of the first applicable pay period beginning on or 
after November 15, 2008.

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 Santa Clara, California, nonappropriated 
fund (NAF) Federal Wage System (FWS) wage area is presently composed of 
one survey county, Santa Clara County, CA, and four area of application 
counties, Alameda, Contra Costa, San Francisco, and San Mateo Counties, 
CA. 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 the Moffett Federal 
Airfield Navy Exchange has closed, leaving the Santa Clara NAF wage 
area without an activity having the capability to conduct a local wage 
survey. The NAF FWS employment in Santa Clara County is currently 9 
employees at the Moffett Navy Lodge and 17 employees at the VA Medical 
Center in Palo Alto. DOD recommended that OPM abolish the Santa Clara 
NAF FWS wage area and redefine Santa Clara County to the Monterey, CA, 
NAF wage area and Alameda, Contra Costa, and San Francisco Counties to 
the Solano, CA, NAF wage area.
    Since Santa Clara, Alameda, Contra Costa, and San Francisco 
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 Santa Clara County should be 
redefined, proximity favors the Monterey NAF wage area. All other 
criteria are inconclusive. Based on these findings, OPM is defining 
Santa Clara County as an area of application to the Monterey NAF wage 
area.
    In selecting a wage area to which Alameda County should be 
redefined, proximity favors the San Joaquin wage area over the Solano 
wage area by approximately 1 mile. All other criteria are inconclusive. 
Based on the mixed nature of the regulatory analysis findings, we 
believe the fact that Alameda is geographically linked to Contra Costa, 
with both counties encompassing the greater Oakland area, provides 
strong evidence that Alameda and Contra Costa should remain together. 
Therefore, OPM is defining Alameda County as an area of application to 
the Solano wage area.
    In selecting a wage area to which Contra Costa County should be 
redefined, proximity favors the Solano wage area. Commuting patterns 
very slightly favor the Solano wage area. All other criteria are 
inconclusive. Based on the mixed nature of the regulatory analysis 
findings, we believe the fact that Contra Costa is geographically 
linked to Alameda, with both counties encompassing the greater Oakland 
area, provides strong evidence that Alameda and Contra Costa should 
remain together. Therefore, OPM is defining Contra Costa County as an 
area of application to the Solano wage area.
    In selecting a wage area to which San Francisco County should be 
redefined, proximity favors the Solano wage area. All other criteria 
are inconclusive. Based on these findings, OPM is defining San 
Francisco County as an area of application to the Solano wage area.
    OPM is removing San Mateo County from the wage area definition. 
There are no longer NAF FWS employees working in San Mateo 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, San Mateo County should not be 
defined as part of an NAF wage area.
    The Monterey NAF wage area would consist of one survey county, 
Monterey County, and one area of application county, Santa Clara 
County. The Solano NAF wage area would consist of one

[[Page 65496]]

survey county, Solano County, and six area of application counties: 
Alameda, Contra Costa, Marin, Napa, San Francisco, and Sonoma Counties. 
FWS employees remaining in the Santa Clara wage area will be 
transferred to the Monterey and Solano wage area schedules on the first 
day of the first applicable pay period beginning on or after November 
15, 2008. 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 these 
changes 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 the closure of the Moffett Federal Airfield Navy Exchange will 
leave the Santa Clara wage area without an activity having the 
capability to conduct a local wage survey and the remaining NAF FWS 
employees in Santa Clara, Alameda, Contra Costa, and San Francisco 
Counties must be transferred 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.

Office of Personnel Management.
Michael W. Hager,
Acting Director.

0
Accordingly, the U.S. Office of Personnel Management is amending 5 CFR 
part 532 as follows:

PART 532--PREVAILING RATE SYSTEMS

0
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.

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

0
2. Appendix B to subpart B is amended by removing, under the State of 
California, ``Santa Clara.''

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

0
3. Appendix D to subpart B is amended for the State of California by 
removing the wage area listing for Santa Clara, California, and 
revising the wage area listing for Monterey and Solano, California, to 
read as follows:
* * * * *

California

* * * * *

Monterey

Survey Area

California:
    Monterey.

    Area of application. Survey area plus:

California:
    Santa Clara.
* * * * *

Solano

Survey Area

California:
    Solano.

    Area of application. Survey area plus:

California:
    Alameda.
    Contra Costa.
    Marin.
    Napa.
    San Francisco.
    Sonoma.

 [FR Doc. E8-26274 Filed 11-3-08; 8:45 am]
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