[Federal Register Volume 75, Number 131 (Friday, July 9, 2010)]
[Proposed Rules]
[Pages 39460-39462]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16780]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 75, No. 131 / Friday, July 9, 2010 / Proposed 
Rules

[[Page 39460]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AM21


Prevailing Rate Systems; Redefinition of the Chicago, IL; Fort 
Wayne-Marion, IN; Indianapolis, IN; Cleveland, OH; and Pittsburgh, PA, 
Appropriated Fund Federal Wage System Wage Areas

AGENCY: U.S. Office of Personnel Management.

ACTION: Proposed rule with request for comments.

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

SUMMARY: The U.S. Office of Personnel Management is issuing a proposed 
rule that would redefine the geographic boundaries of the Chicago, IL; 
Fort Wayne-Marion, IN; Indianapolis, IN; Cleveland, OH; and Pittsburgh, 
PA, appropriated fund Federal Wage System (FWS) wage areas. The 
proposed rule would redefine Benton County, IN, from the Chicago wage 
area to the Indianapolis wage area; Carroll and Howard Counties, IN, 
from the Fort Wayne-Marion wage area to the Indianapolis wage area; and 
Carroll County, OH, from the Pittsburgh wage area to the Cleveland wage 
area. These changes are based on recent consensus recommendations of 
the Federal Prevailing Rate Advisory Committee to best match the 
counties proposed for redefinition to a nearby FWS survey area. No 
other changes are proposed for the Chicago, Fort Wayne-Marion, 
Indianapolis, Cleveland, and Pittsburgh FWS wage areas.

DATES: We must receive comments on or before August 9, 2010.

ADDRESSES: Send or deliver comments to Jerome D. Mikowicz, Deputy 
Associate Director for Pay and Leave, Employee Services, U.S. Office of 
Personnel Management, Room 7H31, 1900 E Street, NW., Washington, DC 
20415-8200; email 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 U.S. Office of Personnel Management 
(OPM) is issuing a proposed rule to redefine the Chicago, IL; Fort 
Wayne-Marion, IN; Indianapolis, IN; Cleveland, OH; and Pittsburgh, PA, 
appropriated fund Federal Wage System (FWS) wage areas. This proposed 
rule would redefine Benton County, IN, from the Chicago wage area to 
the Indianapolis wage area; Carroll and Howard Counties, IN, from the 
Fort Wayne-Marion wage area to the Indianapolis wage area; and Carroll 
County, OH, from the Pittsburgh wage area to the Cleveland wage area.
    OPM considers the following regulatory criteria under 5 CFR 532.211 
when defining FWS wage area boundaries:
    (i) Distance, transportation facilities, and geographic features;
    (ii) Commuting patterns; and
    (iii) Similarities in overall population, employment, and the kinds 
and sizes of private industrial establishments.
    In addition, OPM regulations at 5 CFR 532.211 do not permit 
splitting Metropolitan Statistical Areas (MSAs) for the purpose of 
defining a wage area, except in very unusual circumstances (e.g., 
organizational relationships among closely located Federal activities).
    OPM recently completed reviews of the definitions of the Kokomo, 
IN; Lafayette, IN; and Canton-Massillon, OH MSAs and, based on analyses 
of the regulatory criteria for defining wage areas, is proposing the 
changes described below. The Federal Prevailing Rate Advisory Committee 
(FPRAC), the national labor-management committee responsible for 
advising OPM on matters concerning the pay of FWS employees, 
recommended these changes by consensus. These changes would be 
effective on the first day of the first applicable pay period beginning 
on or after 30 days following publication of the final regulations. 
FPRAC recommended no other changes in the geographic definitions of the 
Chicago, Fort Wayne-Marion, Indianapolis, Cleveland, and Pittsburgh 
wage areas.

Kokomo, IN Metropolitan Statistical Area

    Howard and Tipton Counties, IN, comprise the Kokomo, IN MSA. The 
Kokomo MSA is currently split between the Fort Wayne-Marion and 
Indianapolis, IN, wage areas. Howard County is part of the area of 
application of the Fort Wayne-Marion wage area and Tipton County is 
part of the area of application of the Indianapolis wage area.
    Based on an analysis of the regulatory criteria for Howard County, 
the core county in the Kokomo MSA, we recommend that the entire Kokomo 
MSA be defined to the Indianapolis area of application. The distance 
criterion for Howard County favors the Indianapolis wage area more than 
the Fort Wayne-Marion wage area. The commuting patterns criterion 
slightly favors the Indianapolis wage area. All other criteria are 
inconclusive. Based on this analysis, OPM proposes to redefine Howard 
County to the Indianapolis area of application so that the entire 
Kokomo MSA is in one wage area. There are currently no FWS employees 
working in Howard County.

Lafayette, IN Metropolitan Statistical Area

    Benton, Carroll, and Tippecanoe Counties, IN, comprise the 
Lafayette, IN MSA. The Lafayette MSA is currently split between the 
Chicago, IL; Fort Wayne-Marion, IN; and Indianapolis, IN, wage areas. 
Benton County is part of the area of application of the Chicago wage 
area, Carroll County is part of the area of application of the Fort 
Wayne-Marion wage area, and Tippecanoe County is part of the area of 
application of the Indianapolis wage area.
    Based on an analysis of the regulatory criteria for Tippecanoe 
County, the location of the main population center in the Lafayette 
MSA, we recommend that the entire Lafayette MSA be defined to the 
Indianapolis area of application. The distance criterion for Tippecanoe 
County favors the Indianapolis wage area more than the Chicago or Fort 
Wayne-Marion wage areas. All other criteria are inconclusive. However, 
more than twice as many people currently commute from Tippecanoe County 
into the Indianapolis survey area (2%) than into the Chicago survey 
area (0.11%) or the Fort Wayne-Marion survey area (0.14%). Based on 
this analysis, we believe Tippecanoe County is appropriately defined to 
the Indianapolis wage area. Since there appear to be no unusual 
circumstances

[[Page 39461]]

that would permit splitting the Lafayette MSA, OPM proposes to redefine 
Benton and Carroll Counties to the Indianapolis wage area so that the 
entire Lafayette MSA is in one wage area. There are currently no FWS 
employees working in Benton or Carroll Counties.

Canton-Massillon, OH Metropolitan Statistical Area

    Carroll and Stark Counties, OH, comprise the Canton-Massillon, OH 
MSA. The Canton-Massillon MSA is currently split between the Cleveland, 
OH, and Pittsburgh, PA, wage areas. Carroll County is part of the area 
of application of the Pittsburgh wage area and Stark County is part of 
the area of application of the Cleveland wage area.
    Based on an analysis of the regulatory criteria for Stark County, 
the core county in the Canton-Massillon MSA, we recommend that the 
entire Canton-Massillon MSA be defined to the Cleveland wage area. The 
distance criterion for Stark County favors the Cleveland wage area more 
than the Pittsburgh wage area. All other criteria are inconclusive. 
However, more than twice as many people currently commute from Stark 
County into the Cleveland survey area (2%) than into the Pittsburgh 
survey area (0.07%). Based on this analysis, we believe Stark County is 
appropriately defined to the Cleveland wage area. Since there appear to 
be no unusual circumstances that would permit splitting the Canton-
Massillon MSA, OPM proposes to redefine Carroll County to the Cleveland 
wage area. There are two Army Corps of Engineers FWS employees 
currently working in Carroll County.

Regulatory Flexibility Act

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

John Berry,
Director.
    Accordingly, the U.S. Office of Personnel Management is proposing 
to amend 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; Sec.  532.707 also issued under 
5 U.S.C. 552.

    2. Appendix C to subpart B is amended by revising the wage area 
listings for the Chicago, IL; Fort Wayne-Marion, IN; Indianapolis, IN; 
Cleveland, OH; and Pittsburgh, PA, wage areas to read as follows:

Appendix C to Subpart B of Part 532--Appropriated Fund Wage and Survey 
Areas

 
 
 
 
                                * * * * *
                                ILLINOIS
 
                                * * * * *
                                 Chicago
 
                               Survey Area
 
Illinois:
  Cook
  Du Page
  Kane
  Lake
  McHenry
  Will
 
                 Area of Application. Survey area plus:
 
Illinois:
  Boone
  De Kalb
  Grundy
  Iroquois
  Kankakee
  Kendall
  La Salle
  Lee
  Livingston
  Ogle
  Stephenson
  Winnebago
 
Indiana:
  Jasper
  Lake
  La Porte
  Newton
  Porter
  Pulaski
  Starke
 
Wisconsin:
  Kenosha
 
                                * * * * *
                                 INDIANA
 
                                * * * * *
                            Fort Wayne-Marion
                               Survey Area
 
Indiana:
  Adams
  Allen
  DeKalb
  Grant
  Huntington
  Wells
 
                 Area of Application. Survey area plus:
 
Indiana:
  Blackford
  Cass
  Elkhart
  Fulton
  Jay
  Kosciusko
  LaGrange
  Marshall
  Miami
  Noble
  St. Joseph
  Steuben
  Wabash
  White
  Whitley
 
Ohio:
  Allen
  Defiance
  Fulton
  Henry
  Mercer
  Paulding
  Putnam
  Van Wert
  Williams
 
                              INDIANAPOLIS
 
                               Survey Area
 
Indiana:
  Boone
  Hamilton
  Hancock
  Hendricks
  Johnson
  Marion
  Morgan
  Shelby
 
                 Area of Application. Survey area plus:
 
Indiana:
  Bartholomew
  Benton
  Brown
  Carroll
  Clay
  Clinton
  Decatur
  Delaware
  Fayette
  Fountain
  Henry
  Howard
  Madison
  Montgomery
  Parke
  Putnam
  Rush
  Sullivan
  Tippecanoe
  Tipton
  Vermillion
  Vigo
  Warren
 
                                * * * * *
                                  OHIO
 
                                * * * * *
                                Cleveland
 
                               Survey Area
 
Ohio:
  Cuyahoga
  Geauga
  Lake
  Medina
 
                 Area of Application. Survey area plus:
 
Ohio:
  Ashland
  Ashtabula
  Carroll
  Columbiana
  Erie

[[Page 39462]]

 
  Huron
  Lorain
  Mahoning
  Ottawa
  Portage
  Sandusky
  Seneca
  Stark
  Summit
  Trumbull
  Wayne
 
                                * * * * *
                              PENNSYLVANIA
 
 
                                * * * * *
                               Pittsburgh
 
                               Survey Area
 
Pennsylvania:
  Allegheny
  Beaver
  Butler
  Washington
  Westmoreland
 
                 Area of Application. Survey area plus:
 
Pennsylvania:
  Armstrong
  Bedford
  Blair
  Cambria
  Cameron
  Centre
  Clarion
  Clearfield
  Clinton
  Crawford
  Elk (Does not include the Allegheny National Forest portion)
  Erie
  Fayette
  Forest (Does not include the Allegheny National Forest portion)
  Greene
  Huntingdon
  Indiana
  Jefferson
  Lawrence
  Mercer
  Potter
  Somerset
  Venango
Ohio:
  Belmont
  Harrison
  Jefferson
  Tuscarawas
West Virginia:
  Brooke
  Hancock
  Marshall
  Ohio
 
                                * * * * *
 

[FR Doc. 2010-16780 Filed 7-8-10; 8:45 am]
BILLING CODE 6325-39-P