Prevailing Rate Systems; Redefinition of the Arapahoe-Denver, Colorado, Nonappropriated Fund Federal Wage System Wage Area

89 FR 67519Prevailing Rate Systems; Redefinition of the Arapahoe-Denver, Colorado, Nonappropriated Fund Federal Wage System Wage Area

89 FR 67519Office of Personnel Management.

89 FR 67519The Office of Personnel Management (OPM) is issuing a final rule to remove Denver County, CO, from the Arapahoe-Denver, CO, nonappropriated fund (NAF) Federal Wage System (FWS) wage area. In addition, OPM is changing the name of the Arapahoe-Denver NAF FWS wage area to Arapahoe. These changes are necessary because no NAF FWS employment has been reported in Denver County since 2018.

89 FR 67519Effective date: This regulation is effective September 20, 2024. Applicability date: This change applies on the first day of the first applicable pay period beginning on or after September 20, 2024.

89 FR 67519Ana Paunoiu, by telephone at (202) 606-2858 or by email at paypolicy@opm.gov.

89 FR 67519On May 3, 2024, OPM issued a proposed rule (89 FR 36720) to remove Denver County, CO, from the Arapahoe-Denver, CO, NAF FWS wage area, and change the name of the Arapahoe-Denver NAF FWS wage area to Arapahoe. The Federal Prevailing Rate Advisory Committee, the national labor-management committee responsible for advising OPM on matters concerning the pay of FWS employees, reviewed and recommended these changes by consensus. The proposed rule had a 30-day comment period, during which OPM received no comments. Therefore, this final rule adopts the proposed rule at 89 FR 36720 without change.

89 FR 67519Section 5343 of title 5, U.S. Code, provides OPM with the authority and responsibility to define the boundaries of NAF FWS wage areas. Any changes in wage area definitions can have the long-term effect of increasing pay for Federal employees in affected locations. OPM expects this final rule to impact approximately 69 NAF FWS employees. Considering the small number of employees affected, OPM does not anticipate this rule will substantially impact local economies or have a large impact in local labor markets. As this and future wage area changes may impact higher volumes of employees in geographical areas and could rise to the level of impacting local labor markets, OPM will continue to study the implications of such impacts in this or future rules as needed.

89 FR 67519Executive Orders 13563, 12866, and 14094 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). This rule is not a “significant regulatory action” under the provisions of Executive Order 14094 and, therefore, was not reviewed by OMB.

89 FR 67519The Director of OPM certifies that this rule will not have a significant economic impact on a substantial number of small entities.

89 FR 67519OPM has 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.

89 FR 67519This regulation meets the applicable standard set forth in Executive Order 12988.

89 FR 67519This 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.

89 FR 67519OMB's Office of Information and Regulatory Affairs has determined this rule does not satisfy the criteria listed in 5 U.S.C. 804(2). OPM will submit to Congress and the Comptroller General of the United States a report regarding the issuance of this rule before its effective date.

89 FR 67519This rule does not impose any reporting or record-keeping requirements subject to the Paperwork Reduction Act.

89 FR 67519Administrative practice and procedure, Freedom of information, Government employees, Reporting and recordkeeping requirements, Wages. Office of Personnel Management. Accordingly, OPM amends 5 CFR part 532 as follows:

89 FR 675191. The authority citation for part 532 continues to read as follows:

89 FR 675195 U.S.C. 5343, 5346; § 532.707 also issued under 5 U.S.C. 552.

89 FR 675192. In appendix D to subpart B, amend the table by revising the wage area listing for the State of Colorado to read as follows:

89 FR 67520Definitions of Wage Areas and Wage Area Survey Areas * * * * * COLORADO Arapahoe Survey Area Colorado: Arapahoe Area of Application. Survey area plus: Colorado: Mesa El Paso Survey Area Colorado: El Paso Area of Application. Survey area plus: Colorado: Bent Otero Pueblo * * * * *