[Federal Register Volume 78, Number 98 (Tuesday, May 21, 2013)]
[Proposed Rules]
[Pages 29657-29658]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12065]


========================================================================
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. 78, No. 98 / Tuesday, May 21, 2013 / Proposed 
Rules

[[Page 29657]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AM82


Prevailing Rate Systems; Definition of Vanderburgh County, 
Indiana, to a Nonappropriated Fund Federal Wage System Wage Area

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 define Vanderburgh County, Indiana, as an area of 
application county to the St. Clair, IL, nonappropriated fund (NAF) 
Federal Wage System (FWS) wage area. This change is necessary because 
there are two NAF FWS employees working in Vanderburgh County and the 
county is not currently defined to a NAF wage area.

DATES: We must receive comments on or before June 20, 2013.

ADDRESSES: You may submit comments, identified by ``RIN 3206-AM82,'' 
using either of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Mail: Jeanne Jacobson, Acting 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, or email pay-leave-policy@opm.gov.

FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, by telephone at 
(202) 606-2838, or by email at pay-leave-policy@opm.gov.

SUPPLEMENTARY INFORMATION: The U.S. Office of Personnel Management 
(OPM) is issuing a proposed rule that would define Vanderburgh County, 
Indiana, as an area of application to the St. Clair, IL, 
nonappropriated fund (NAF) Federal Wage System (FWS) wage area. The 
Department of Veterans Affairs (VA) Evansville Outpatient Clinic in 
Vanderburgh County has a new Veterans Canteen Service staffed with 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.'' 
Vanderburgh County does not meet the regulatory criteria under 5 CFR 
532.219 to be established as a separate NAF wage area; 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:

 Proximity of largest facilities activity in each county;
 Transportation facilities and commuting patterns; and
 Similarities of the counties in:
    [cir] Overall population;
    [cir] Private employment in major industry categories; and
    [cir] Kinds and sizes of private industrial establishments.

    Based on an analysis of the regulatory criteria for defining NAF 
wage areas, we recommend that Vanderburgh, IN, be defined as an area of 
application to the St. Clair, IL, NAF FWS wage area. The proximity 
criterion favors the Christian, KY-Montgomery, TN, wage area more than 
the Hardin-Jefferson, KY or St. Clair, IL, wage areas. The 
transportation facilities and 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 Vanderburgh County is 
similar to both the Christian-Montgomery and Hardin-Jefferson survey 
areas.
    However, the two NAF FWS employees in Vanderburgh County work at 
the VA Evansville Outpatient Clinic, which is a satellite activity of 
the Marion VA Medical Center in Williamson County, IL. Williamson 
County is already defined to the St. Clair NAF wage area. Although a 
standard review of regulatory criteria shows that the proximity 
criterion favors defining Vanderburgh County to the Christian-
Montgomery wage area, we believe the organizational relationship 
between the Evansville VA Outpatient Clinic and its parent facility, 
the Marion VA Medical Center, supports defining Vanderburgh County to 
the St. Clair wage area. An additional factor to consider is the 
relative proximity of the Outpatient Clinic to the Medical Center. The 
distance between the Evansville VA Outpatient Clinic and the Marion VA 
Medical Center is 87 miles (140 km). The distance between the 
Outpatient Clinic and the host activity in the Christian-Montgomery 
wage area is 100 miles (160 km). The Outpatient Clinic is closer by 13 
miles (21 km) to its Medical Center than it is to the host activity in 
the Christian-Montgomery wage area. Based on our analysis of the 
organizational relationship and geographic proximity of the Medical 
Center and its Outpatient Clinic, OPM proposes to redefine Vanderburgh 
County to the St. Clair NAF wage area.
    The proposed St. Clair NAF wage area would consist of one survey 
county, St. Clair County, IL; one area of application city, St. Louis 
City, MO; and five area of application counties, Madison and Williamson 
Counties, IL; Vanderburgh County, IN; and Jefferson and Pulaski 
Counties, MO.
    The Federal Prevailing Rate Advisory Committee, the national labor-
management committee responsible for advising OPM on matters concerning 
the pay of FWS employees, recommended this change by consensus. This 
change 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.

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.
Elaine Kaplan,
Acting Director.
    Accordingly, the U.S. Office of Personnel Management is amending 5 
CFR part 532 as follows:

[[Page 29658]]

PART 532--PREVAILING RATE SYSTEMS

0
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 D to Subpart B of Part 532--Nonappropriated Fund Wage and 
Survey Areas

0
2. Appendix D to subpart B is amended by revising the wage area listing 
for the St. Clair, IL, NAF wage areas to read as follows:

 
 
 
 
                                * * * * *
                                Illinois
 
                                * * * * *
                                St. Clair
 
                               Survey Area
 
Illinois:
  St. Clair
 
                 Area of Application. Survey area plus:
 
Illinois:
  Madison
  Williamson
 
Indiana:
  Vanderburgh
 
Missouri: (city)
  St. Louis
 
Missouri: (counties)
  Jefferson
  Pulaski
 

* * * * *
[FR Doc. 2013-12065 Filed 5-20-13; 8:45 am]
BILLING CODE 6325-39-P