[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]
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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. 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.
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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 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