Prevailing Rate Systems; Redefinition of Certain Appropriated Fund Federal Wage System Wage Areas

84 FR 40297Prevailing Rate Systems; Redefinition of Certain Appropriated Fund Federal Wage System Wage Areas

84 FR 40297Office of Personnel Management.

84 FR 40297The Office of Personnel Management (OPM) is issuing a proposed rule that would redefine the geographic boundaries of several appropriated fund Federal Wage System (FWS) wage areas for pay-setting purposes. Based on recent reviews of Metropolitan Statistical Area (MSA) boundaries in a number of wage areas, OPM proposes redefinitions affecting the following wage areas: Washington, DC; Hagerstown-Martinsburg-Chambersburg, MD; Detroit, MI; Jackson, MS; Meridian, MS; and Cleveland, OH.

84 FR 40297Send comments on or before September 13, 2019.

84 FR 40297You may submit comments, identified by docket number and/or Regulatory Information Number (RIN) and title, by the following method: • Federal Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. All submissions received must include the agency name and docket number or RIN for this document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information.

84 FR 40297Madeline Gonzalez, by telephone at (202) 606-2838 or by email at pay-leave-policy@opm.gov.

84 FR 40297OPM is issuing a proposed rule to redefine the geographic boundaries of several appropriated fund FWS wage areas. These changes are based on recommendations of the Federal Prevailing Rate Advisory Committee (FPRAC), the statutory national labor-management committee responsible for advising OPM on matters affecting the pay of FWS employees. From time to time, FPRAC reviews the boundaries of wage areas and provides OPM with recommendations for changes if the Committee finds that changes are warranted. 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 MSAs for the purpose of defining a wage area, except in very unusual circumstances. The Office of Management and Budget (OMB) defines MSAs and maintains and periodically updates the definitions of MSA boundaries. MSAs are composed of counties and are defined on the basis of a central urbanized area—a contiguous area of relatively high population density. Additional surrounding counties are included in MSAs if they have strong social and economic ties to central counties. When the boundaries of wage areas were first established in the 1960s, there were fewer MSAs than there are today and the boundaries of the then existing MSAs were much smaller. Most MSAs were contained within the boundaries of a wage area. With each OMB update, MSAs have expanded and in some cases now extend beyond the boundaries of the wage area.

84 FR 40297FPRAC recently reviewed several wage areas where boundaries subdivide certain MSAs and has recommended by consensus that OPM implement the changes described in this proposed rule. 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.

84 FR 40297Washington, DC; Calvert, Charles, Frederick, Montgomery, and Prince George's Counties, MD; Alexandria, Fairfax, Falls Church, Fredericksburg, Manassas, and Manassas Park Cities, VA; Arlington, Clarke, Culpeper, Fairfax, Fauquier, Loudoun, Madison, Prince William, Rappahannock, Spotsylvania, Stafford, and Warren Counties, VA; and Jefferson County, WV, comprise the Washington-Arlington-Alexandria, DC-MD-VA-WV MSA. The Washington-Arlington-Alexandria MSA is split between the Washington, DC, wage area and the Hagerstown-Martinsburg-Chambersburg, MD, wage area. Washington, DC; Charles, Frederick, Montgomery, and Prince George's Counties, MD; Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park Cities, VA; and Arlington, Fairfax, Loudoun, and Prince William Counties, VA, are part of the Washington, DC, survey area. Calvert County, MD; Fredericksburg City, VA; Clarke, Culpeper, Fauquier, Rappahannock, Spotsylvania, Stafford, and Warren Counties, VA; and Jefferson County, WV, are part of the Washington, DC, area of application. Madison County, VA, is part of the Hagerstown-Martinsburg-Chambersburg area of application. OPM proposes to redefine Madison County to the Washington, DC, area of application so that the entire Washington-Arlington-Alexandria, DC-VA-MD-WV MSA is in one wage area. There are currently 44 FWS employees working in Madison County.

84 FR 40297Fulton, Lucas, Ottawa, and Wood Counties, OH, comprise the Toledo, OH MSA. The Toledo MSA is split between the Cleveland, OH, wage area and the Detroit, MI, wage area. Ottawa County is part of the Cleveland area of application while Fulton, Lucas, and Wood Counties are part of the Detroit area of application. OPM proposes to redefine Ottawa County to the Detroit area of application so that the entire Toledo, OH MSA is in one wage area. There are currently 38 FWS employees working in Ottawa County.

84 FR 40298Covington, Forrest, Lamar, and Perry Counties, MS, comprise the Hattiesburg, MS MSA. The Hattiesburg MSA is split between the Jackson, MS, wage area and the Meridian, MS, wage area. Covington County is part of the Jackson area of application. Forrest and Lamar Counties are part of the Meridian survey area while Perry County is part of the Meridian area of application. OPM proposes to redefine Covington County to the Meridian area of application so that the entire Hattiesburg, MS MSA is in one wage area. There are currently no FWS employees working in Covington County.

84 FR 40298This action is not a “significant regulatory action” under the terms of Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under E.O. 12866 and 13563 (76 FR 3821, January 21, 2011).

84 FR 40298This rule is not an Executive Order 13771 regulatory action because this rule is not significant under E.O. 12866.

84 FR 40298OPM certifies that this rule will not have a significant economic impact on a substantial number of small entities.

84 FR 40298We have examined this rule in accordance with Executive Order 13132, Federalism, and have determined that this rule will not have any negative impact on the rights, roles and responsibilities of State, local, or tribal governments.

84 FR 40298This regulation meets the applicable standard set forth in Executive Order 12988.

84 FR 40298This rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.

84 FR 40298This action pertains to agency management, personnel, and organization and does not substantially affect the rights or obligations of nonagency parties and, accordingly, is not a “rule” as that term is used by the Congressional Review Act (Subtitle E of the Small Business “Regulatory Enforcement Fairness Act of 1996 (SBREFA)). Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.

84 FR 40298This rule does not impose any new reporting or record-keeping requirements subject to the Paperwork Reduction Act.

84 FR 40298Administrative practice and procedure, Freedom of information, Government employees, Reporting and recordkeeping requirements, Wages. Office of Personnel Management. Accordingly, OPM is proposing to amend 5 CFR part 532 as follows:

84 FR 402981. The authority citation for part 532 continues to read as follows:

84 FR 402985 U.S.C. 5343, 5346; § 532.707 also issued under 5 U.S.C. 552. 2. Appendix C to subpart B is amended by revising the wage area listings for the Washington, DC; Hagerstown-Martinsburg-Chambersburg, MD; Detroit, MI; Jackson, MS; Meridian, MS; and, Cleveland, OH, wage areas to read as follows:

84 FR 40298DISTRICT OF COLUMBIA Washington, DC Survey Area District of Columbia: Washington, DC Maryland: Charles Frederick Montgomery Prince George's Virginia (cities): Alexandria Fairfax Falls Church Manassas Manassas Park Virginia (counties): Arlington Fairfax Loudoun Prince William Area of Application. Survey area plus: Maryland: Calvert St. Mary's Virginia (city): Fredericksburg Virginia (counties): Clarke Culpeper Fauquier King George Madison Rappahannock Spotsylvania Stafford Warren West Virginia: Jefferson MARYLAND Hagerstown-Martinsburg-Chambersburg Survey Area Maryland: Washington Pennsylvania: Franklin West Virginia: Berkeley Area of Application. Survey area. Maryland: Allegany Garrett Pennsylvania: Fulton Virginia (cities): Harrisonburg Winchester Virginia (counties): Frederick Page Rockingham Shenandoah West Virginia: Hampshire Hardy Mineral Morgan MICHIGAN Detroit Survey Area Michigan: Lapeer Livingston Macomb Oakland St. Clair Wayne Area of Application. Survey area. Michigan: Arenac Bay Clare Clinton Eaton Genesee Gladwin Gratiot Huron Ingham Isabella Lenawee Midland Monroe Saginaw Sanilac Shiawassee Tuscola Washtenaw Ohio: Fulton Lucas Ottawa Wood MISSISSIPPI Jackson Survey Area Mississippi: Hinds Rankin Warren Area of Application. Survey area. Mississippi: Adams Amite Attala Claiborne Copiah Franklin Holmes Humphreys Issaquena Jefferson Jefferson Davis Lawrence Lincoln Madison Marion Pike Scott Sharkey Simpson Smith Walthall Wilkinson Yazoo Meridian Survey Area Alabama: Choctaw Mississippi: Forrest Lamar Lauderdale Area of Application. Survey area plus: Alabama: Sumter Mississippi: Clarke Covington Greene Jasper Jones Kemper Leake Neshoba Newton Perry Wayne OHIO Cleveland Survey Area Ohio: Cuyahoga Geauga Lake Medina Area of Application. Survey area plus: Ohio: Ashland Ashtabula Carroll Columbiana Erie Huron Lorain Mahoning Portage Sandusky Seneca Stark Summit Trumbull Wayne Pennsylvania: Mercer