[Federal Register Volume 75, Number 148 (Tuesday, August 3, 2010)]
[Proposed Rules]
[Pages 45557-45558]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18903]


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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. 148 / Tuesday, August 3, 2010 / 
Proposed Rules

[[Page 45557]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AM22


Prevailing Rate Systems; Definition of Tulsa County, OK, and 
Angelina County, TX, to Nonappropriated Fund Federal Wage System Wage 
Areas

AGENCY: Office of Personnel Management.

ACTION: Proposed rule with request for comments.

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SUMMARY: The U.S. Office of Personnel Management is issuing a proposed 
rule that would define Tulsa County, Oklahoma, as an area of 
application to the Oklahoma, OK, nonappropriated fund (NAF) Federal 
Wage System (FWS) wage area and Angelina County, Texas, as an area of 
application to the Dallas, TX, NAF FWS wage area. These changes are 
necessary because there are NAF FWS employees working in Tulsa and 
Angelina Counties and the counties are not currently defined to NAF 
wage areas. In addition, this proposed rule would restore Appendix B to 
subpart B of part 532--Nationwide Schedule of Nonappropriated Fund 
Regular Wage Schedules by removing, under the State of California, 
``Santa Clara,'' which was abolished as a NAF FWS wage area by a final 
rule published on March 9, 2009.

DATES: We must receive comments on or before September 2, 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 that would define Tulsa County, 
Oklahoma, as an area of application to the Oklahoma, OK, 
nonappropriated fund (NAF) Federal Wage System (FWS) wage area and 
Angelina County, Texas, as an area of application to the Dallas, TX, 
NAF FWS wage area. Veterans Canteen Service (VCS) now operates 
franchise coffee bars, staffed with NAF employees, at Outpatient 
Clinics in Tulsa and Angelina Counties. The Ernest Childers VA 
Outpatient Clinic in Tulsa County employs one NAF FWS employee and the 
Charles Wilson VA Outpatient Clinic in Angelina County employs two NAF 
FWS employees.
    Under section 532.219 of title 5, Code of Federal Regulations, each 
NAF wage area ``shall consist of one or more survey areas, along with 
nonsurvey areas, if any, having nonappropriated fund employees.'' Tulsa 
and Angelina Counties do not meet the regulatory criteria under 5 CFR 
532.219 to be established as separate NAF wage areas; however, 
nonsurvey counties may be combined with a survey area to form a wage 
area. Section 532.219 lists the regulatory criteria that OPM considers 
when defining FWS wage area boundaries:
    (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.
    OPM recently completed reviews of the definitions of Tulsa and 
Angelina Counties and, based on analyses of the regulatory criteria for 
defining NAF wage areas, is proposing the changes described below. The 
Federal Prevailing Rate Advisory Committee, 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.

Tulsa County, OK

    Based on an analysis of the regulatory criteria for defining NAF 
wage areas, we recommend that Tulsa County, OK, be defined as an area 
of application to the Oklahoma, OK, NAF FWS wage area. The proximity 
criterion favors the Oklahoma wage area more than the Sedgwick, OK, 
wage area. The commuting patterns criterion does not favor one wage 
area more than another. Although the overall population, employment 
sizes, and kinds and sizes of private industrial establishments 
criterion does not favor one wage area more than another, the 
comparison of the total population and workforce, employment, and kinds 
and sizes of private industrial establishments for Tulsa County is 
similar to the Oklahoma survey area. The NAF FWS employee in Tulsa 
County works at the Ernest Childers VA Outpatient Clinic, which is a 
satellite activity attached to the Jack C. Montgomery VA Medical Center 
in Muskogee County. Muskogee County is already defined to the Oklahoma 
NAF wage area. Based on this analysis, OPM proposes to define Tulsa 
County to the Oklahoma NAF wage area.
    The proposed Oklahoma NAF wage area would consist of one survey 
county, Oklahoma County, OK, and four area of application counties: 
Garfield, Muskogee, Pittsburgh, and Tulsa Counties, OK.

Angelina County, TX

    Based on an analysis of the regulatory criteria for defining NAF 
wage areas, we recommend that Angelina County, TX, be defined as an 
area of application to the Dallas, TX, NAF FWS wage area. The proximity 
criterion favors the Rapides, LA, wage area. The commuting patterns 
criterion does not favor one wage area more than another. Although the 
overall population, employment sizes, and kinds and sizes of private 
industrial establishments criterion does not favor one wage area more 
than another, the industrial distribution pattern for Angelina County 
is similar to the Rapides survey area. However, the Department of 
Veterans Affairs has requested that OPM consider defining Angelina 
County to the Dallas wage area. The two NAF FWS employees in Angelina 
County work at the Charles Wilson VA Outpatient Clinic, which is a 
satellite activity of the Michael E. DeBakey VA Medical Center in 
Harris

[[Page 45558]]

County, which is in the Dallas wage area. Although a standard review of 
regulatory criteria shows that the proximity criterion favors defining 
Angelina County to the Rapides wage area, we believe the organizational 
relationship between the Charles Wilson VA Outpatient Clinic and its 
parent facility, the Michael E. DeBakey VA Medical Center, supports 
defining Angelina County to the Dallas wage area. An additional factor 
to consider is the relative proximity of the Medical Center to the 
Outpatient Clinic. There is a distance of only 128 miles (206 km) 
separating the two facilities. The distance from the Outpatient Clinic 
to the host activity in the Rapides wage area is 126 miles (203 km). 
The difference between these distances is only 2 miles. Based on our 
analysis of the organizational relationship and geographic proximity of 
the Medical Center and its Outpatient Clinic, OPM proposes to define 
Angelina County to the Dallas NAF wage area.
    The proposed Dallas NAF wage area would consist of one survey 
county, Dallas County, TX, and four area of application counties: 
Angelina, Fannin, Galveston, and Harris Counties, TX.

Santa Clara, CA

    On March 9, 2009, we published a final rule (74 FR 9951) that 
abolished the Santa Clara, CA, NAF FWS wage area. Therefore, ``Santa 
Clara'' should be removed under the State of California in Appendix B 
to subpart B of part 532--Nationwide Schedule of Nonappropriated Fund 
Regular Wage Schedules.

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 proposes 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.

Appendix B to Subpart B of Part 532--[Amended]

    2. Appendix B to subpart B is amended by removing, under the State 
of California, the entry for ``Santa Clara.''
    3. Appendix D to subpart B is amended by revising the wage area 
listing for the Oklahoma, OK, and Dallas, TX, NAF wage areas to read as 
follows:

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

 
                                 * * * *
                                OKLAHOMA
 
                                 * * * *
                                Oklahoma
 
                               Survey Area
Oklahoma:
  Oklahoma
                 Area of Application. Survey area plus:
 
Oklahoma:
  Garfield
  Muskogee
  Pittsburg
  Tulsa
 
                                * * * * *
 
                                  TEXAS
 
                                * * * * *
                                 Dallas
 
                               Survey Area
Texas:
  Dallas
 
                 Area of Application. Survey area plus:
 
Texas:
  Angelina
  Fannin
  Galveston
  Harris
 
                                * * * * *
 

[FR Doc. 2010-18903 Filed 8-2-10; 8:45 am]
BILLING CODE 6325-39-P