[Federal Register Volume 77, Number 94 (Tuesday, May 15, 2012)]
[Rules and Regulations]
[Pages 28471-28472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11763]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 77, No. 94 / Tuesday, May 15, 2012 / Rules 
and Regulations

[[Page 28471]]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AM62


Prevailing Rate Systems; Abolishment of Montgomery, PA, as a 
Nonappropriated Fund Federal Wage System Wage Area

AGENCY: U.S. Office of Personnel Management.

ACTION: Interim rule with request for comments.

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SUMMARY: The U.S. Office of Personnel Management is issuing an interim 
rule to abolish the Montgomery, Pennsylvania, nonappropriated fund 
(NAF) Federal Wage System (FWS) wage area and redefine Chester, 
Montgomery, and Philadelphia Counties, PA, to the Burlington, NJ, NAF 
wage area and Luzerne County, PA, to the Morris, NJ, NAF wage area. 
Bucks County, PA, will no longer be defined. These changes are 
necessary because the closure of the Naval Air Station Joint Reserve 
Base (NAS JRB) Willow Grove left the Montgomery wage area without an 
activity having the capability to conduct a local wage survey.

DATES: Effective date: This regulation is effective on May 15, 2012. We 
must receive comments on or before June 14, 2012. Applicability date: 
FWS employees remaining in the Montgomery NAF wage area will be 
transferred to the Burlington and Morris NAF wage area schedules on the 
first day of the first applicable pay period beginning on or after May 
15, 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 Montgomery, Pennsylvania, 
nonappropriated fund (NAF) Federal Wage System (FWS) wage area is 
presently composed of one survey area county, Montgomery County, and 
four area of application counties, Bucks, Chester, Luzerne, and 
Philadelphia Counties. Under section 532.219 of title 5, Code of 
Federal Regulations, the U.S. Office of Personnel Management (OPM) may 
establish an NAF wage area when there are a minimum of 26 NAF wage 
employees in the survey area, the local activity has the capability to 
host annual local wage surveys, and the survey area has at least 1,800 
private enterprise employees in establishments within survey 
specifications. The Department of Defense (DOD) notified OPM that the 
closure of the Naval Air Station Joint Reserve Base (NAS JRB) Willow 
Grove left the Montgomery wage area without an activity having the 
capability to conduct a local wage survey. The NAF FWS employment in 
Montgomery County is currently 20 employees at NAS JRB Willow Grove. 
DOD recommended that OPM abolish the Montgomery NAF FWS wage area and 
redefine Chester, Montgomery, and Philadelphia Counties, PA, to the 
Burlington, NJ, NAF wage area and Luzerne County, PA, to the Morris, 
NJ, NAF wage area.
    Since Chester, Luzerne, Montgomery, and Philadelphia Counties will 
have continuing NAF employment and do not meet the regulatory criteria 
under 5 CFR 532.219 to be separate survey areas, they must be areas of 
application. In defining counties as area of application counties, OPM 
considers the following criteria:
    (i) Proximity of largest facilities activity in each county;
    (ii) Transportation facilities and commuting patterns; and
    (iii) Similarities of the counties in:
    (A) Overall population;
    (B) Private employment in major industry categories; and
    (C) Kinds and sizes of private industrial establishments.
    In selecting a wage area to which Chester County should be 
redefined, proximity favors the Harford, MD, NAF wage area. All other 
criteria are indeterminate. Based on the mixed nature of the regulatory 
analysis findings, we believe the fact that Chester County is 
geographically linked to Bucks, Delaware, Montgomery, and Philadelphia 
Counties, with all five counties encompassing the greater Philadelphia 
area, provides strong evidence that these counties should remain 
together. Therefore, OPM recommends that Chester County be redefined as 
an area of application to the Burlington NAF wage area.
    In selecting a wage area to which Montgomery and Philadelphia 
Counties should be redefined, proximity favors the Burlington NAF wage 
area. All other criteria are indeterminate. Based on the application of 
the regulatory criteria, OPM recommends that Montgomery and 
Philadelphia Counties be redefined as areas of application to the 
Burlington NAF wage area.
    In selecting a wage area to which Luzerne County should be 
redefined, proximity favors the Morris NAF wage area. All other 
criteria are indeterminate. Based on the application of the regulatory 
criteria, OPM recommends that Luzerne County be redefined as an area of 
application to the Morris NAF wage area.
    OPM is removing Bucks County from the wage area definition. There 
are no longer NAF FWS employees working in Bucks County. Under 5 U.S.C. 
5343(a)(1)(B)(i), NAF wage areas ``shall not extend beyond the 
immediate locality in which the particular prevailing rate employees 
are employed.'' Therefore, Bucks County should not be defined as part 
of an NAF wage area.
    The Burlington NAF wage area will consist of one survey county, 
Burlington County, NJ, and nine area of application counties: New 
Castle County, DE; Atlantic, Cape May, Monmouth, Ocean, and Salem 
Counties, NJ; and Chester, Montgomery, and Philadelphia Counties, PA. 
The Morris NAF wage area will consist of one survey county, Morris 
County, and three area of application counties: Somerset County, NJ, 
and Luzerne and Monroe Counties, PA. The Federal Prevailing Rate 
Advisory Committee, the national labor-management committee responsible 
for

[[Page 28472]]

advising OPM on matters concerning the pay of FWS employees, has 
reviewed and recommended these changes by consensus.

Waiver of Notice of Proposed Rulemaking and Delay in Effective Date

    Pursuant to 5 U.S.C. 553(b)(3)(B) and (d)(3), I find that good 
cause exists to waive the general notice of proposed rulemaking. Also 
pursuant to 5 U.S.C. 553(d)(3), I find that good cause exists for 
making this rule effective in less than 30 days. This notice is being 
waived and the regulation is being made effective in less than 30 days 
because the closure of NAS JRB Willow Grove left the Montgomery wage 
area without an activity having the capability to conduct a local wage 
survey and the remaining NAF FWS employees in Chester, Montgomery, and 
Philadelphia Counties must be transferred to a continuing wage area as 
soon as possible.

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.

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 amending 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.

Appendix B to Subpart B of Part 532--Nationwide Schedule of 
Nonappropriated Fund Regular Wage Surveys

0
2. Appendix B to subpart B is amended by removing, under the State of 
Pennsylvania, the entry for ``Montgomery.''

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

0
3. Appendix D to subpart B is amended for the State of Pennsylvania by 
removing the wage area listing for Montgomery, PA, and for the State of 
New Jersey by revising the wage area listings for Burlington, NJ, and 
Morris, NJ, to read as follows:
* * * * *

                               NEW JERSEY
                               Burlington
 
                               Survey Area
New Jersey:
  Burlington
 
                 Area of application. Survey area plus:
 
Delaware:
  New Castle
New Jersey:
  Atlantic
  Cape May
  Monmouth
  Ocean
  Salem
Pennsylvania:
  Chester
  Montgomery
  Philadelphia
                                 Morris
 
                               Survey Area
New Jersey:
  Morris
                 Area of application. Survey area plus:
 
New Jersey:
  Somerset
Pennsylvania:
  Luzerne
  Monroe
 

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[FR Doc. 2012-11763 Filed 5-14-12; 8:45 am]
BILLING CODE 6325-39-P