[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Proposed Rules]
[Pages 9694-9695]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3769]


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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. 76, No. 35 / Tuesday, February 22, 2011 / 
Proposed Rules

[[Page 9694]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AM33


Prevailing Rate Systems; Redefinition of the Northeastern Arizona 
and Colorado Appropriated Fund Federal Wage System Wage Areas

AGENCY: U.S. 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 redefine the geographic boundaries of the Northeastern 
Arizona and Southern Colorado appropriated fund Federal Wage System 
(FWS) wage areas. The proposed rule would redefine Dolores, Montrose, 
Ouray, San Juan, and San Miguel Counties, CO, and the Curecanti 
National Recreation Area portion of Gunnison County, CO, from the 
Southern Colorado wage area to the Northeastern Arizona 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 Northeastern Arizona and Southern Colorado FWS 
wage areas.

DATES: We must receive comments on or before March 24, 2011.

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; 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 U.S. Office of Personnel Management 
(OPM) is issuing a proposed rule to redefine the Northeastern Arizona 
and Southern Colorado appropriated fund Federal Wage System (FWS) wage 
areas. This proposed rule would redefine Dolores, Montrose, Ouray, San 
Juan, and San Miguel Counties, CO, and the Curecanti National 
Recreation Area portion of Gunnison County, CO, from the Southern 
Colorado wage area to the Northeastern Arizona 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.
    Montrose County is currently defined to the Southern Colorado area 
of application. Based on our analysis of the regulatory criteria for 
defining appropriated fund FWS wage areas, we find that Montrose County 
would be more appropriately defined as part of the Northeastern Arizona 
area of application. When measuring to cities, the distance criterion 
favors the Northeastern Arizona wage area. When measuring to host 
installations, the distance criterion favors the Southern Colorado wage 
area. All other criteria are indeterminate. Although a standard review 
of regulatory criteria shows that most factors are indeterminate, 
distance to the closest cities does favor the Northeastern Arizona wage 
area. Based on this analysis, we recommend that Montrose County be 
redefined to the Northeastern Arizona wage area.
    Gunnison County is currently defined to the Southern Colorado area 
of application. Our analysis of the regulatory criteria indicates that 
Gunnison County is appropriately defined as part of the Southern 
Colorado area of application. The distance criterion favors the 
Southern Colorado wage area. All other criteria are indeterminate. 
Based on the mixed nature of our regulatory analysis findings, there is 
no clear indication that Gunnison County should be placed in a 
different FWS wage area. However, the Department of the Interior 
informs us that the Black Canyon of the Gunnison National Park in 
Montrose County and the Curecanti National Recreation Area in Gunnison 
County are co-managed and that the majority of employees who service 
the Black Canyon of the Gunnison National Park have duty stations at 
the Curecanti National Recreation Area. The two parks are adjacent, 
with the Curecanti National Recreation Area sharing its western 
boundary with the Black Canyon of the Gunnison National Park. Because 
we are recommending that Montrose County be redefined to the 
Northeastern Arizona wage area, and because of the organizational 
relationship and geographic proximity of these two parks, we recommend 
that the portion of Gunnison County occupied by the Curecanti National 
Recreation Area be part of the Northeastern Arizona wage area. This 
change would ensure that FWS employees at the Black Canyon of the 
Gunnison National Park and the Curecanti National Recreation Area are 
paid from the same wage schedule. The remaining portion of Gunnison 
County would continue to be part of the Southern Colorado wage area. We 
believe the mixed nature of our regulatory analysis findings indicates 
that the remaining locations in Gunnison County remain appropriately 
defined to the Southern Colorado wage area, with distance being the 
deciding factor.
    Dolores County is currently defined to the Southern Colorado area 
of application. Our analysis of the regulatory criteria indicates that 
Dolores County would be more appropriately defined as part of the 
Northeastern Arizona area of application. The distance criterion for 
Dolores County favors the Northeastern Arizona wage area more than the 
Southern Colorado wage area. The commuting patterns criterion slightly 
favors the Northeastern Arizona wage area. All other criteria are 
indeterminate. Based on this analysis, OPM proposes to redefine Dolores 
County to the Northeastern Arizona area of application.
    Ouray, San Juan, and San Miguel Counties are currently defined to 
the Southern Colorado area of application. Our analysis of the 
regulatory criteria indicates that Ouray, San Juan, and San Miguel 
Counties would be more appropriately defined as part of the 
Northeastern Arizona area of application. The distance criterion favors 
the Northeastern Arizona wage area more than the Southern Colorado

[[Page 9695]]

wage area. All other criteria are indeterminate. Since the distance 
criterion indicates that Ouray, San Juan, and San Miguel Counties are 
closer to the Northeastern Arizona survey area, we recommend that these 
three counties be redefined to the Northeastern Arizona wage area.
    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 Northeastern Arizona and 
Southern Colorado wage areas.

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 Northeastern Arizona and Colorado wage areas to read 
as follows:

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

* * * * *

ARIZONA

Northeastern Arizona

Survey Area

Arizona:
    Apache
    Coconino
    Navajo
New Mexico:
    McKinley
    San Juan

Area of Application. Survey Area plus:

Colorado:
    Dolores
    Gunnison (Only includes the Curecanti National Recreation Area 
portion)
    La Plata
    Montezuma
    Montrose
    Ouray
    San Juan
    San Miguel
Utah:
    Kane
    San Juan (Does not include the Canyonlands National Park 
portion)
* * * * *

COLORADO

* * * * *

Southwestern Colorado

Survey Area

Colorado:
    El Paso
    Pueblo
    Teller

Area of Application. Survey Area plus:

Colorado:
    Alamosa
    Archuleta
    Baca
    Bent
    Chaffee
    Cheyenne
    Conejos
    Costilla
    Crowley
    Custer
    Delta
    Fremont
    Gunnison (Does not include the Curecanti National Recreation 
Area portion)
    Hinsdale
    Huerfano
    Kiowa
    Kit Carson
    Las Animas
    Lincoln
    Mineral
    Otero
    Pitkin
    Prowers
    Rio Grande
    Saguache
* * * * *
[FR Doc. 2011-3769 Filed 2-18-11; 8:45 am]
BILLING CODE 6325-39-P