[Federal Register Volume 78, Number 16 (Thursday, January 24, 2013)]
[Rules and Regulations]
[Pages 5115-5116]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01399]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 /
Rules and Regulations
[[Page 5115]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 531
RIN 3206-AM51
General Schedule Locality Pay Areas
AGENCY: U.S. Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: On behalf of the President's Pay Agent, the Office of
Personnel Management is issuing final regulations tying the
metropolitan area portion of locality pay area boundaries to the
geographic scope of Metropolitan Statistical Area and Combined
Statistical Area definitions that are contained in the attachments to
Office of Management and Budget Bulletin 10-02 of December 1, 2009.
DATES: Effective Date: February 25, 2013.
FOR FURTHER INFORMATION CONTACT: Allan Hearne, (202) 606-2838; FAX:
(202) 606-0824; email: pay-leave-policy@opm.gov.
SUPPLEMENTARY INFORMATION: On November 26, 2012, the Office of
Personnel Management (OPM) published proposed regulations (77 FR 70381)
on General Schedule locality pay areas. Section 5304 of title 5, United
States Code, authorizes locality pay for General Schedule (GS)
employees with duty stations in the United States and its territories
and possessions.
Section 5304(f) of title 5, United States Code, authorizes the
President's Pay Agent (the Secretary of Labor, the Director of the
Office of Management and Budget (OMB), and the Director of OPM) to
determine locality pay areas. The boundaries of locality pay areas must
be based on appropriate factors, which may include local labor market
patterns, commuting patterns, and the practices of other employers. The
Pay Agent must give thorough consideration to the views and
recommendations of the Federal Salary Council, a body composed of
experts in the fields of labor relations and pay policy and
representatives of Federal employee organizations. The President
appoints the members of the Council, which submits annual
recommendations to the Pay Agent about the locality pay program. The
establishment or modification of pay area boundaries must conform with
the notice and comment provisions of the Administrative Procedure Act
(5 U.S.C. 553). Based on recommendations of the Council, we use
Metropolitan Statistical Areas (MSAs) and Combined Statistical Areas
(CSAs) as the basis for locality pay areas.
OMB periodically updates metropolitan area definitions and may make
significant changes in 2013. Under the current regulations, locality
pay areas change automatically to follow minor revisions in MSAs and
CSAs. Since OMB plans a significant update of MSA and CSA definitions
in 2013, we are revising the regulations so that locality pay areas
will not change automatically when OMB revises metropolitan area
definitions. This action provides time for the Pay Agent and the
Federal Salary Council to review the new metropolitan area definitions
for suitability for use in the locality pay program. After appropriate
review, the Pay Agent will publish for comment any proposed changes in
locality pay areas based on the new definitions, if they are adopted.
The 45-day comment period for the proposed regulations ended on
January 10, 2013. We received one comment on the proposed regulations
that was not related to the subject of tying locality pay areas to the
2009 definitions of metropolitan areas. Therefore, we are adopting the
proposed rule as final without any changes.
Impact
The rule has no effect on existing locality pay area definitions
but prevents any changes that would otherwise occur when OMB updates
MSA and CSA definitions in 2013.
Executive Order 13563 and Executive Order 12866
The Office of Management and Budget has reviewed this rule in
accordance with E.O. 13563 and E.O. 12866.
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 apply only to Federal agencies and employees.
List of Subjects in 5 CFR Part 531
Government employees, Law enforcement officers, Wages.
John Berry,
Director, Office of Personnel Management.
Accordingly, OPM is amending 5 CFR part 531 as follows:
PART 531--PAY UNDER THE GENERAL SCHEDULE
0
1. The authority citation for part 531 continues to read as follows:
Authority: 5 U.S.C. 5115, 5307, and 5338; sec. 4 of Pub. L.
103-89, 107 Stat. 981; and E.O. 12748, 56 FR 4521, 3 CFR, 1991
Comp., p. 316; Subpart B also issued under 5 U.S.C. 5303(g), 5305,
5333, 5334(a) and (b), and 7701(b)(2); Subpart D also issued under 5
U.S.C. 5335 and 7701(b)(2); Subpart E also issued under 5 U.S.C.
5336; Subpart F also issued under 5 U.S.C. 5304, 5305, and 5941(a),
E.O. 12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 682 and E.O. 13106,
63 FR 68151, 3 CFR, 1998 Comp., p. 224.
Subpart F--Locality-Based Comparability Payments
0
2. In Sec. 531.602, the definitions of CSA and MSA are revised to read
as follows:
Sec. 531.602 Definitions.
* * * * *
CSA means the geographic scope of a Combined Statistical Area as
defined by the Office of Management and Budget (OMB) in OMB Bulletin
10-02, December 1, 2009.
* * * * *
MSA means the geographic scope of a Metropolitan Statistical Area
as defined by OMB in OMB Bulletin 10-02, December 1, 2009.
* * * * *
0
3. In Sec. 531.609, paragraph (d) is revised to read as follows:
Sec. 531.609 Adjusting or terminating locality rates.
* * * * *
(d) In the event of a change in the geographic coverage of a
locality pay area, the effective date of any change in an employee's
entitlement to a locality rate of pay under this subpart is the first
[[Page 5116]]
day of the first pay period beginning on or after the effective date
indicated in the applicable final rule published in the Federal
Register.
* * * * *
[FR Doc. 2013-01399 Filed 1-23-13; 8:45 am]
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