[Federal Register Volume 81, Number 230 (Wednesday, November 30, 2016)]
[Rules and Regulations]
[Pages 86249-86250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28769]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 81, No. 230 / Wednesday, November 30, 2016 /
Rules and Regulations
[[Page 86249]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 532
RIN 3206-AN29
Prevailing Rate Systems; Redefinition of the New York, NY, and
Philadelphia, PA, Appropriated Fund Federal Wage System Wage Areas
AGENCY: U.S. Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing a
final rule to redefine the geographic boundaries of the New York, NY,
and Philadelphia, PA, appropriated fund Federal Wage System (FWS) wage
areas. The final rule will address an anomalous situation affecting
Joint Base McGuire-Dix-Lakehurst. Portions of the Joint Base are
currently defined to the Philadelphia wage area and to the New York
wage area. OPM has developed a new criterion for defining wage areas to
address this unique situation so that the entire Joint Base is covered
by a single wage schedule.
DATES: Effective date: This regulation is effective on November 30,
2016.
Applicability date: This change applies on the first day of the
first applicable pay period beginning on or after December 30, 2016.
FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, by telephone at
(202) 606-2838 or by email at [email protected].
SUPPLEMENTARY INFORMATION: On July 20, 2016, OPM issued a proposed rule
(81 FR 47049) to redefine the Joint Base McGuire-Dix-Lakehurst portions
of Burlington County, NJ, and Ocean County, NJ, that are currently
defined to the Philadelphia, PA, wage area to the New York, NY, wage
area so that the entire Joint Base is covered by a single FWS wage
schedule. This change is based on a majority recommendation of the
Federal Prevailing Rate Advisory Committee (FPRAC), the national labor-
management committee responsible for advising OPM on the administration
of the FWS.
The 30-day comment period ended on August 19, 2016. OPM received
comments from several hundred Federal employees, several Members of
Congress, and one agency. Public comments supported defining the Joint
Base McGuire-Dix-Lakehurst portions of Burlington County and Ocean
County currently defined to the Philadelphia wage area to the New York
wage area.
Employees stationed at Tobyhanna Army Depot in northeastern
Pennsylvania asked that OPM also consider redefining Monroe County, PA,
from the Scranton-Wilkes-Barre, PA, wage area to the New York wage
area. FPRAC made a separate recommendation by majority vote in January
2016 that OPM redefine Monroe County to the New York wage area. FPRAC's
recommendation, and the public comments regarding Tobyhanna Army Depot,
is beyond the scope of this rule. The intent of this rule is to address
an anomalous situation created when a contiguous Joint Base overlaps
two metropolitan areas and two FWS wage areas. The proposed rule's new
criterion for defining FWS wage area boundaries has limited
applicability and was not intended to address any other situation.
An agency suggested that instead of defining a single contiguous
Joint Base that overlaps two wage areas to the wage area with the most
favorable payline, OPM should in the future consider basing the wage
area definition for a Joint Base on the part of the Joint Base with the
largest FWS employment count. The agency expressed concerns that Joint
Bases were established in part to save costs and the proposed new
criterion would result in higher wage costs. Although OPM considered
this option when developing the proposed rule, it was not adopted
because the new proposed criterion follows a protocol already
established in similar FWS special wage schedule regulations as an
equitable method for compensating employees stationed at a small
contiguous installation.
In addition, several commenters questioned the effective date of
the proposed change recommending retroactive applicability. OPM defines
wage areas through regulations in 5 CFR part 532. Changes in OPM's
regulations are prospective, not retroactive, following an appropriate
period for public comment. This change will apply 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 will not have a significant
economic impact on a substantial number of small entities because they
will affect only Federal agencies and employees.
Executive Order 13563 and Executive Order 12866
This final rule has been reviewed by the Office of Management and
Budget in accordance with Executive Order 13563 and Executive Order
12866.
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.
Beth F. Cobert,
Acting Director.
Accordingly, OPM amends 5 CFR part 532 as follows:
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.
Subpart B--Prevailing Rate Determinations
0
2. Section 532.211 is amended by adding a new paragraph (f) to read as
follows:
Sec. 532.211 Criteria for establishing appropriated fund wage areas.
* * * * *
(f) A single contiguous military installation defined as a Joint
Base that would otherwise overlap two separate wage areas shall be
included in only a single wage area. The wage area of such a Joint Base
shall be defined to be the wage area with the most favorable payline
based on an analysis of the simple average of the 15 nonsupervisory
[[Page 86250]]
second step rates on each one of the regular wage schedules applicable
in the otherwise overlapped wage areas.
0
3. Appendix C to subpart B is amended by revising the wage area listing
for the New York, NY, and Philadelphia, PA, wage areas to read as
follows:
Appendix C to Subpart B of Part 532--Appropriated Fund Wage and Survey
Areas
* * * * *
NEW YORK
* * * * *
New York
Survey Area
New Jersey:
Bergen
Essex
Hudson
Middlesex
Morris
Passaic
Somerset
Union
New York:
Bronx
Kings
Nassau
New York
Orange
Queens
Suffolk
Westchester
Area of Application. Survey area plus:
New Jersey:
Burlington (Joint Base McGuire-Dix-Lakehurst portion only)
Hunterdon
Monmouth
Ocean
Sussex
New York:
Dutchess
Putnam
Richmond
Rockland
Pennsylvania:
Pike
* * * * *
PENNSYLVANIA
* * * * *
Philadelphia
Survey Area
New Jersey:
Burlington (Excluding the Joint Base McGuire-Dix-Lakehurst portion)
Camden
Gloucester
Pennsylvania:
Bucks
Chester
Delaware
Montgomery
Philadelphia
Area of Application. Survey area plus:
New Jersey:
Atlantic
Cape May
Cumberland
Mercer
Warren
Pennsylvania:
Carbon
Lehigh
Northampton
* * * * *
[FR Doc. 2016-28769 Filed 11-29-16; 8:45 am]
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