[Federal Register Volume 77, Number 221 (Thursday, November 15, 2012)]
[Proposed Rules]
[Pages 68073-68075]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27671]


========================================================================
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.

========================================================================


Federal Register / Vol. 77, No. 221 / Thursday, November 15, 2012 / 
Proposed Rules

[[Page 68073]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AM70


Prevailing Rate Systems; Redefinition of the St. Louis, MO; 
Southern Missouri; 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 St. Louis, 
MO; Southern Missouri; Cleveland, OH; and Pittsburgh, PA, appropriated 
fund Federal Wage System wage areas. The proposed rule would redefine 
Bollinger, Cape Girardeau, and Perry Counties, MO, from the Southern 
Missouri wage area to the St. Louis wage area and Mercer County, PA, 
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. This proposed rule makes two 
additional corrections. It renames the Champaign-Urbana, IL, wage area 
as the Central Illinois wage area and updates the name of the White 
Sands Proving Ground in the Albuquerque, NM, and El Paso, TX, wage 
areas to White Sands Missile Range.

DATES: We must receive comments on or before December 17, 2012.

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

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

SUPPLEMENTARY INFORMATION: The U.S. Office of Personnel Management is 
issuing a proposed rule that would redefine the geographic boundaries 
of the St. Louis, MO; Southern Missouri; Cleveland, OH; and Pittsburgh, 
PA, appropriated fund Federal Wage System (FWS) wage areas. The 
proposed rule would redefine Bollinger, Cape Girardeau, and Perry 
Counties, MO, from the Southern Missouri wage area to the St. Louis 
wage area and Mercer County, PA, 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.
    OPM recently completed reviews of the definitions of the Cape 
Girardeau-Jackson, MO-IL and Youngstown-Warren-Boardman, OH-PA 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 St. Louis, Southern Missouri, Cleveland, and 
Pittsburgh wage areas.

Cape Girardeau-Jackson, MO-IL Metropolitan Statistical Area

    Alexander County, IL, and Bollinger and Cape Girardeau Counties, 
MO, comprise the Cape Girardeau-Jackson, MO-IL MSA. The Cape Girardeau-
Jackson MSA is currently split between the St. Louis, MO, and Southern 
Missouri wage areas. Alexander County is part of the area of 
application of the St. Louis wage area and Bollinger and Cape Girardeau 
Counties are part of the area of application of the Southern Missouri 
wage area.
    Based on an analysis of the regulatory criteria for Cape Girardeau 
County, the core county in the Cape Girardeau-Jackson MSA, we recommend 
that the entire Cape Girardeau-Jackson MSA be defined to the St. Louis 
area of application. The distance criterion for Cape Girardeau County 
favors the St. Louis wage area more than the Southern Missouri wage 
area. The commuting patterns criterion does not favor one wage area 
more than another. Cape Girardeau County does not resemble one survey 
area more than another survey area in terms of the overall population, 
employment, and the kinds and sizes of private industrial 
establishments criteria. Based on this analysis, we find that Cape 
Girardeau County would be more appropriately defined to the St. Louis 
wage area. Since there appear to be no unusual circumstances that would 
permit splitting the Cape Girardeau-Jackson MSA, OPM proposes to also 
redefine Bollinger County to the St. Louis wage area so that the entire 
Cape Girardeau-Jackson MSA is in one wage area. There are currently 
nine FWS employees working in Cape Girardeau County. There are 
currently no FWS employees working in Bollinger County.
    Because Perry County, MO, borders Bollinger and Cape Girardeau 
Counties to the north and is located in between the Cape Girardeau-
Jackson MSA and the St. Louis wage area, Perry County would be 
redefined to the St. Louis wage area. The distance criterion for Perry 
County favors the St. Louis wage area more than the Southern Missouri 
wage area. The commuting patterns criterion favors the St. Louis wage 
area more than the Southern Missouri wage area. Perry County does not 
resemble one survey area more than another survey area in terms of the 
overall population, employment, and the kinds and sizes of private 
industrial establishments criteria. Based on this analysis, we find 
that Perry County would be more appropriately defined to the St. Louis 
wage area. There are

[[Page 68074]]

currently no FWS employees working in Perry County.

Youngstown-Warren-Boardman, OH-PA Metropolitan Statistical Area

    Trumbull and Mahoning Counties, OH, and Mercer County, PA, comprise 
the Youngstown-Warren-Boardman, OH-PA MSA. The Youngstown-Warren-
Boardman MSA is currently split between the Cleveland, OH, and 
Pittsburgh, PA, wage areas. Trumbull and Mahoning Counties are part of 
the area of application of the Cleveland wage area, and Mercer County 
is part of the area of application of the Pittsburgh wage area.
    Based on an analysis of the regulatory criteria for Mahoning 
County, the core county in the Youngstown-Warren-Boardman MSA, the 
entire Youngstown-Warren-Boardman MSA would be defined to the Cleveland 
wage area. The distance criterion does not favor one wage area more 
than another. We believe distance is not a determining factor in this 
case. The commuting patterns criterion does not favor one wage area 
more than another. The difference between the resident workforce 
commuting to work in the Cleveland and Pittsburgh survey areas is 
insignificant; however, marginally more people commute into the 
Cleveland survey area (1.23 percent) than into the Pittsburgh survey 
area (0.76 percent). The overall population and employment and the 
kinds and sizes of private industrial establishments criteria do not 
favor one wage area more than another.
    Based on the mixed nature of the regulatory analysis findings, we 
believe the fact that the city of Youngstown in Mahoning County is 
generally considered to be part of the greater Cleveland area provides 
sufficient evidence that Mahoning County is appropriately defined to 
the Cleveland wage area. OPM regulations at 5 CFR 532.211 permit 
splitting MSAs only in very unusual circumstances. Since there appear 
to be no unusual circumstances that would permit splitting the 
Youngstown-Warren-Boardman MSA, OPM proposes to redefine Mercer County 
to the Cleveland wage area so that the entire Youngstown-Warren-
Boardman MSA is in one wage area. The remaining county in the 
Youngstown-Warren-Boardman MSA, Trumbull County, is already defined to 
the Cleveland wage area. There are currently two FWS employees working 
in Mercer County.

CFR Corrections

    In addition, this proposed rule renames the Champaign-Urbana, IL, 
FWS wage area as the Central Illinois FWS wage area because this name 
better describes the boundaries of the wage area. This proposed rule 
also updates the name of the White Sands Proving Ground in the 
Albuquerque, NM, and El Paso, TX, wage areas because the Department of 
Defense now refers to it as that White Sands Missile Range. OPM 
announced these changes in interim (65 FR 48641) and final (65 FR 
64337) rules published in 2000. However, Champaign-Urbana and White 
Sands Proving Ground continue to appear incorrectly in Appendix A to 
Subpart B of Part 532 and/or Appendix C to Subpart B of Part 532.

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.

Appendix A to Subpart B of Part 532 [Amended]

    2. In appendix A to subpart B of part 532, under the State of 
Illinois, revise the wage-area entry ``Champaign-Urbana'' to read 
``Central Illinois''.
    3. In appendix C to subpart B of part 532, under the State of 
Illinois, revise the wage-area entry ``Champaign-Urbana'' to read 
``Central Illinois'' and revise the wage area listings for the Southern 
Missouri; St. Louis, MO; Albuquerque, NM; Cleveland, OH; Pittsburgh, 
PA; and El Paso, TX, wage areas to read as follows:

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

 
 
 
 
                                * * * * *
 
                                MISSOURI
 
                                * * * * *
 
                                St. Louis
 
                               Survey Area
 
Illinois:
  Clinton
  Madison
  Monroe
  St. Clair
 
Missouri: (city)
  St. Louis
 
Missouri: (counties)
  Franklin
  Jefferson
  St. Charles
  St. Louis
 
                 Area of Application. Survey area plus:
 
Illinois:
  Alexander
  Bond
  Calhoun
  Clay
  Effingham
  Fayette
  Franklin
  Greene
  Hamilton
  Jackson
  Jefferson
  Jersey
  Johnson
  Macoupin
  Marion
  Massac
  Montgomery
  Morgan
  Perry
  Pike
  Pope
  Pulaski
  Randolph
  Saline
  Scott
  Union
  Washington
  Wayne
  Williamson
 
Missouri:
  Audrain
  Bollinger
  Boone
  Callaway
  Cape Girardeau
  Clark
  Cole
  Crawford
  Gasconade
  Knox
  Lewis
  Lincoln
  Marion
  Moniteau
  Monroe
  Montgomery
  Osage
  Perry
  Pike
  Ralls
  Randolph
  St. Francois
  Ste. Genevieve
  Scotland
  Shelby
  Warren
  Washington
 

[[Page 68075]]

 
                            Southern Missouri
 
                               Survey Area
 
Missouri:
  Christian
  Greene
  Laclede
  Phelps
  Pulaski
  Webster
 
                 Area of Application. Survey area plus:
 
Kansas:
  Cherokee
  Crawford
 
Missouri:
  Barry
  Barton
  Benton
  Butler
  Camden
  Carter
  Cedar
  Dade
  Dallas
  Dent
  Douglas
  Hickory
  Howell
  Iron
  Jasper
  Lawrence
  Madison
  Maries
  Miller
  Mississippi
  Morgan
  New Madrid
  Newton
  Oregon
  Ozark
  Polk
  Reynolds
  Ripley
  St. Clair
  Scott
  Shannon
  Stoddard
  Stone
  Taney
  Texas
  Vernon
  Wayne
  Wright
 
                                * * * * *
 
                               NEW MEXICO
 
                               Albuquerque
 
                               Survey Area
 
New Mexico:
  Bernalillo
  Sandoval
 
                 Area of Application. Survey area plus:
 
New Mexico:
  Catron
  Cibola
  Colfax
  Curry
  De Baca
  Guadalupe
  Harding
  Lincoln (Does not include White Sands Missile Range portion)
  Los Alamos
  Mora
  Quay
  Rio Arriba
  Roosevelt
  San Miguel
  Santa Fe
  Socorro (Does not include White Sands Missile Range portion)
  Taos
  Torrance
  Union
  Valencia
 
                                * * * * *
 
                                  OHIO
 
 
                                * * * * *
 
                                Cleveland
 
                               Survey Area
 
Ohio:
  Cuyahoga
  Geauga
  Lake
  Medina
 
                 Area of Application. Survey area plus:
 
Ohio:
  Ashland
  Ashtabula
  Carroll
  Columbiana
  Erie
  Huron
  Lorain
  Mahoning
  Ottawa
  Portage
  Sandusky
  Seneca
  Stark
  Summit
  Trumbull
  Wayne
 
Pennsylvania:
  Mercer
 
 
                                * * * * *
 
                              PENNSYLVANIA
 
 
                                * * * * *
 
                               Pittsburgh
 
                               Survey Area
 
Pennsylvania:
  Allegheny
  Beaver
  Butler
  Washington
  Westmoreland
 
                 Area of Application. Survey area plus:
 
Ohio:
  Belmont
  Harrison
  Jefferson
  Tuscarawas
 
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
  Potter
  Somerset
  Venango
 
West Virginia:
  Brooke
  Hancock
  Marshall
  Ohio
 
 
                                * * * * *
 
                                  TEXAS
 
 
                                * * * * *
 
                                 El Paso
 
                               Survey Area
 
New Mexico:
  Dona Ana
  Otero
 
Texas:
  El Paso
 
                 Area of Application. Survey area plus:
 
New Mexico:
  Chaves
  Eddy
  Grant
  Hidalgo
  Lincoln (Only White Sands Missile Range portion)
  Luna
  Sierra
  Socorro (Only White Sands Missile Range portion)
 
Texas:
  Culberson
  Hudspeth
 
 
                                * * * * *
 

[FR Doc. 2012-27671 Filed 11-14-12; 8:45 am]
BILLING CODE 6325-39-P