Prevailing rate systems,

[Federal Register: November 15, 1999 (Volume 64, Number 219)]

[Proposed Rules]

[Page 61793-61794]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr15no99-13]

Proposed Rules Federal Register

This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.

[[Page 61793]]

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AI75

Prevailing Rate Systems; Abolishment of the King, Washington, Nonappropriated Fund Wage Area

AGENCY: Office of Personnel Management.

ACTION: Proposed rule with request for comments.

SUMMARY: The Office of Personnel Management is issuing a proposed rule that would abolish the King, Washington, nonappropriated fund (NAF) Federal Wage System (FWS) wage area, establish a new Snohomish, WA, NAF FWS wage area, and remove Whatcom County, WA, as an area of application. The abolishment of the King wage area and the establishment of a new Snohomish wage area is necessary because of the closure of the King wage area's host installation, Naval Station Puget Sound. This closure has left the Department of Defense without an installation in the survey area capable of hosting annual local wage surveys. The removal of Whatcom County is necessary because there are no longer any NAF FWS employees stationed in the county.

DATES: Comments must be received by December 15, 1999.

ADDRESSES: Send or deliver comments to Donald J. Winstead, Assistant Director for Compensation Administration, Workforce Compensation and Performance Service, Office of Personnel Management, Room 7H31, 1900 E Street NW., Washington, DC 20415-8200, or FAX: (202) 606-4264.

FOR FURTHER INFORMATION CONTACT: Jennifer Hopkins by phone at (202) 606-2848, by FAX at (202) 606-0824, or by e-mail at jdhopkin@opm.gov.

SUPPLEMENTARY INFORMATION: Because of the closure of the King, Washington, nonappropriated fund (NAF) wage area's host activity, Naval Station Puget Sound (NSPS), the Department of Defense (DOD) no longer has an activity in the survey area with the capability to conduct annual local NAF wage surveys. DOD recommended that the Office of Personnel Management (OPM) abolish the King, WA, NAF wage area and establish a new Snohomish, WA, NAF wage area. DOD also recommended that Whatcom County be removed from an NAF wage area definition because Blaine Air Force Station has closed, and there are no longer any NAF FWS employees stationed in Whatcom County. Under section 5343(a)(1)(B)(i) of title 5, United States Code, NAF wage areas ``shall not extend beyond the immediate locality in which the particular prevailing rate employees are employed.'' Therefore, Whatcom County should not be defined as part of an NAF wage area. The King wage area is presently composed of one survey county, King County, and four area of application counties, Island, Snohomish, Whatcom, and Yakima Counties, WA. The new Snohomish, WA, NAF wage area would be composed of one survey county, Snohomish County, and three area of application counties, Island, King, and Yakima Counties, WA.

Under section 532.219(b) of title 5, Code of Federal Regulations, NAF wage areas are established 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 there are within the survey area a minimum of 1,800 private enterprise employees in establishments within survey specifications. NSPS ceased operations in the summer of 1996 and relocated to Naval Station Everett in Snohomish County, WA. During this time, a full-scale wage survey was scheduled to begin in the King NAF wage area in July 1996. Because the host installation relocated, the local wage survey committee had to conduct the King survey from Naval Station Everett in Snohomish County. King County does not have another activity in the King survey area to host annual local wage surveys. However, Snohomish County meets the regulatory requirements to be established as a separate NAF survey area. There are approximately 103 NAF FWS employees stationed at Naval Station Everett, and the base has the capability to host annual local wage surveys. Also, Snohomish County has more than the required minimum number of private enterprise employees in establishments within survey specifications.

Section 532.219 of title 5, Code of Federal Regulations, lists the following criteria that OPM considers when defining FWS wage area boundaries:

(i) Proximity of largest 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.

The closest major Federal installation to NSPS is Naval Station Everett. NSPS is approximately 45 km (28 miles) from Naval Station Everett. Commuting patterns indicate that 4 percent of the King County resident workforce commutes to Everett County. Transportation facilities consist of major interstate and highways and do not favor one county more than another. Also, a review of the similarities of the counties does not favor one county more than another. Based on an analysis of these regulatory criteria, OPM proposes to establish Snohomish, WA, as a new NAF wage area and define Island, King, and Yakima Counties, WA, as areas of application.

Full-scale wage surveys would be ordered in the Snohomish, WA, NAF wage area in July of even fiscal years, with the first full-scale wage survey for the Snohomish wage area beginning in July 2000. The Federal Prevailing Rate Advisory Committee, the national labor-management committee responsible for advising OPM on matters concerning the pay of FWS employees, has reviewed and concurred by consensus with these changes.

Regulatory Flexibility Act

I certify that this regulation would not have a significant economic impact on a substantial number of small entities because it would 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.

[[Page 61794]]

Office of Personnel Management. Janice R. Lachance, Director.

Accordingly, the Office of Personnel Management proposes to amend 5 CFR part 532 as follows:

PART 532--PREVAILING RATE SYSTEMS

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.

2. Appendix B to subpart B of part 532 is amended for the State of Washington by removing the entry for ``King'' and by adding alphabetically a new entry for ``Snohomish'' with a beginning survey month of ``July'' and a fiscal year of full-scale survey of ``Even'.

3. Appendix D to subpart B is amended by removing the wage area listing for King, Washington, and by adding alphabetically a new entry for Snohomish, Washington, to read as follows:

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

   * * * * *

   WASHINGTON

   * * * * *

   SNOHOMISH

   Survey Area

   Washington:

   Snohomish

   Area of Application. Survey area plus:

   Washington:

   Island

   King

   Yakima * * * * *

   [FR Doc. 99-29685Filed11-12-99; 8:45 am]

   BILLING CODE 6325-01-P