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

Federal RegisterProposed ruleFinalized: Finalized by 88 FR 17365 (Mar. 23, 2023)

87 FR 80472

Finalized by 88 FR 17365 (Mar. 23, 2023)

“Final rule.”

Matched by regulation identifier number (RIN).

Text

19 passages

87 FR 80472Prevailing Rate Systems; Redefinition of Certain Appropriated Fund Federal Wage System Wage Areas

Agency

87 FR 80472Office of Personnel Management.

Summary

87 FR 80472The Office of Personnel Management (OPM) is proposing a rule to redefine the geographic boundaries of the following appropriated fund Federal Wage System (FWS) wage areas for pay-setting purposes: Hagerstown-Martinsburg-Chambersburg, MD; Richmond, VA; Roanoke, VA; and Washington, DC. The proposed rule would redefine the Shenandoah National Park portions of Albemarle, Augusta, Greene, Page, and Rockingham Counties, VA, to the Washington, DC, wage area. This change is based on a recent consensus recommendation of the Federal Prevailing Rate Advisory Committee (FPRAC).

Dates

87 FR 80472Send comments on or before January 30, 2023.

Addresses

87 FR 80472You 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.

For Further Information Contact

87 FR 80472Ana Paunoiu, by telephone at (202) 606-2858 or by email at pay-leave-policy@opm.gov.

SUPPLEMENTARY INFORMATION:

87 FR 80472OPM is proposing a rule to redefine the geographic boundaries of the following appropriated fund FWS wage areas: Hagerstown-Martinsburg-Chambersburg, MD; Richmond, VA; Roanoke, VA; and Washington, DC. This proposed rule would redefine the Shenandoah National Park portions of Albemarle, Augusta, Greene, Page, and Rockingham Counties, VA, to the Washington, DC, wage area. Shenandoah National Park would become consolidated under the Washington, DC, FWS wage area so that the installation would be defined to a single wage area. This change is based on a recent recommendation of 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. As provided by 5 CFR 532.211, this regulation allows consideration of the following criteria when defining wage area boundaries: distance, transportation facilities, and geographic features; commuting patterns; and similarities in overall population, employment, and the kinds and sizes of private industrial establishments. The Shenandoah National Park (approximately 105 miles long) is currently split among four FWS areas. When the FWS was first established, most of Shenandoah National Park was in the Hagerstown-Martinsburg-Chambersburg wage area. Over time, as a result of changes in Office of Management and Budget defined metropolitan statistical areas, the wage area definitions for some counties that comprise the Shenandoah National Park have been changed by OPM based on recommendations of FPRAC.
87 FR 80472Presently, portions of the Shenandoah National Park are defined to the Hagerstown-Martinsburg-Chambersburg, MD; Richmond, VA; Roanoke, VA; and Washington, DC, FWS wage areas as follows: (1) The Shenandoah National Park portion of Albemarle and Greene Counties, VA, is defined to the Richmond wage area; (2) The Shenandoah National Park portion of Augusta County, VA, is defined to the Roanoke wage area; (3) The Shenandoah National Park portion of Madison, Rappahannock, and Warren Counties, VA, is defined to the Washington, DC, wage area; and (4) The Shenandoah National Park portion of Page and Rockingham Counties, VA, is defined to the Hagerstown-Martinsburg-Chambersburg, MD, wage area. Albemarle and Greene Counties, except for the Shenandoah National Park portions, continue to be appropriately defined to the Richmond, VA, wage area. Augusta County, except for the Shenandoah National Park portion, continues to be appropriately defined to the Roanoke, VA, wage area. Page and Rockingham Counties, except for the Shenandoah National Park portions, continue to be appropriately defined to the Hagerstown-Martinsburg-Chambersburg, MD, wage area. Madison, Rappahannock, and Warren Counties continue to be appropriately defined to the Washington, DC, wage area.
87 FR 80472There are 14 FWS National Park Service (NPS) employees working in the Shenandoah National Park portion of Madison County and 17 FWS NPS employees working in the Shenandoah National Park portion of Page County. So that the FWS employees working at Shenandoah National Park are not split among four wage areas, OPM proposes that the Shenandoah National Park portions of Albemarle, Augusta, Greene, Page, and Rockingham Counties be redefined to the Washington, DC, wage area. Shenandoah National Park would then be entirely defined to the Washington, DC, wage area. This change would provide equal pay treatment for FWS employees working at Shenandoah National Park. FPRAC, 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 Impact Analysis

87 FR 80472This 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).

Regulatory Flexibility Act

87 FR 80473OPM certifies that this rule will not have a significant economic impact on a substantial number of small entities.

Federalism

87 FR 80473We 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.

Civil Justice Reform

87 FR 80473This regulation meets the applicable standard set forth in Executive Order 12988.

Unfunded Mandates Act of 1995

87 FR 80473This 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.

Paperwork Reduction Act

87 FR 80473This rule does not impose any new reporting or record-keeping requirements subject to the Paperwork Reduction Act.

List of Subjects in 5 CFR Part 532

87 FR 80473Administrative 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:

PART 532—PREVAILING RATE SYSTEMS

87 FR 804731. The authority citation for part 532 continues to read as follows:

Authority

87 FR 804735 U.S.C. 5343, 5346; § 532.707 also issued under 5 U.S.C. 552. 2. In Appendix C to subpart B amend the table by revising the wage area listings for the District of Columbia and the States of Maryland and Virginia to read as follows:

Appendix C to Subpart B of Part 532—Appropriated Fund Wage and Survey Areas

87 FR 80473Definitions of Wage and Wage Survey Areas District 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): Albemarle (Only includes the Shenandoah National Park portion) Augusta (Only includes the Shenandoah National Park portion) Clarke Culpeper Fauquier Greene (Only includes the Shenandoah National Park portion) King George Madison Page (Only includes the Shenandoah National Park portion) Rappahannock Rockingham (Only includes the Shenandoah National Park portion) Spotsylvania Stafford Warren West Virginia: Jefferson Maryland Baltimore Survey Area Maryland (city): Baltimore Maryland (counties): Anne Arundel Baltimore Carroll Harford Howard Area of Application. Survey area plus: Maryland: Queen Anne's Hagerstown-Martinsburg-Chambersburg Survey Area Maryland: Washington Pennsylvania: Franklin West Virginia: Berkeley Area of Application. Survey area plus: Maryland: Allegany Garrett Pennsylvania: Fulton Virginia (cities): Harrisonburg Winchester Virginia (counties): Frederick Page (Does not include the Shenandoah National Park portion) Rockingham (Does not include the Shenandoah National Park portion) Shenandoah West Virginia: Hampshire Hardy Mineral Morgan Virginia Norfolk-Portsmouth-Newport News-Hampton Survey Area Virginia (cities): Chesapeake Hampton Newport News Norfolk Poquoson Portsmouth Suffolk Virginia Beach Williamsburg Virginia (counties): Gloucester James City York North Carolina: Currituck Area of Application. Survey area plus: Virginia (city): Franklin Virginia (counties): Accomack Isle of Wight Mathews Northampton Southampton Surry North Carolina: Camden Chowan Gates Pasquotank Perquimans Maryland: Assateague Island part of Worcester Richmond Survey Area Virginia (cities): Colonial Heights Hopewell Petersburg Richmond Virginia (counties): Charles City Chesterfield Dinwiddie Goochland Hanover Henrico New Kent Powhatan Prince George Area of Application. Survey area plus: Virginia (cities): Charlottesville Emporia Virginia (counties): Albemarle (Does not include the Shenandoah National Park portion) Amelia Brunswick Buckingham Caroline Charlotte Cumberland Essex Fluvanna Greene (Does not include the Shenandoah National Park portion) Greensville King and Queen King William Lancaster Louisa Lunenberg Mecklenburg Middlesex Nelson Northumberland Nottoway Orange Prince Edward Richmond Sussex Westmoreland Roanoke Survey Area Virginia (cities): Radford Roanoke Salem Virginia (counties): Botetourt Craig Montgomery Roanoke Area of Application. Survey area plus: Virginia (cities): Bedford Buena Vista Clifton Forge Covington Danville Galax Lexington Lynchburg Martinsville South Boston Staunton Waynesboro Virginia (counties): Alleghany Amherst Appomattox Augusta (Does not include the Shenandoah National Park portion) Bath Bedford Bland Campbell Carroll Floyd Franklin Giles Halifax Henry Patrick Pittsburgh Pulaski Rockbridge Wythe

About

Type
Proposed rule
Citation
87 FR 80472
Published
2022-12-30
Action
Proposed rule.
Comments closed
2023-01-30

The Office of Personnel Management (OPM) is proposing a rule to redefine the geographic boundaries of the following appropriated fund Federal Wage System (FWS) wage areas for pay-setting purposes: Hagerstown-Martinsburg-Chambersburg, MD; Richmond, VA; Roanoke, VA; and Washington, DC. The proposed rule would redefine the Shenandoah National Park portions of Albemarle, Augusta, Greene, Page, and Rockingham Counties, VA, to the Washington, DC, wage area. This change is based on a recent consensus recommendation of the Federal Prevailing Rate Advisory Committee (FPRAC).

Cites