Prevailing Rate Systems; Definition of Johnson County, Indiana, to a Nonappropriated Fund Federal Wage System Wage Area Wage Areas
| Published date | 20 September 2019 |
| Citation | 84 FR 49483 |
| Record Number | 2019-20146 |
| Section | Proposed rules |
| Court | Personnel Management Office |
Federal Register, Volume 84 Issue 183 (Friday, September 20, 2019)
[Federal Register Volume 84, Number 183 (Friday, September 20, 2019)]
[Proposed Rules]
[Pages 49483-49484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20146]
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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.
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Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 /
Proposed Rules
[[Page 49483]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 532
RIN 3206-AN93
Prevailing Rate Systems; Definition of Johnson County, Indiana,
to a Nonappropriated Fund Federal Wage System Wage Area Wage Areas
AGENCY: Office of Personnel Management.
ACTION: Proposed rule.
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SUMMARY: The Office of Personnel Management (OPM) is issuing a proposed
rule that would define Johnson County, Indiana, as an area of
application county to the Hardin-Jefferson, Kentucky, nonappropriated
fund (NAF) Federal Wage System (FWS) wage area. This change is
necessary because there is one NAF FWS employee working in Johnson
County, and the county is not currently defined to a NAF wage area.
DATES: Send comments on or before October 21, 2019.
ADDRESSES: You 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: Madeline Gonzalez, by telephone at
(202) 606-2858 or by email at [email protected].
SUPPLEMENTARY INFORMATION: OPM is issuing a proposed rule that would
define Johnson County, IN, as an area of application to the Hardin-
Jefferson, KY, NAF FWS wage area. The Department of Defense notified
OPM that the Army and Air Force Exchange Service now has one NAF FWS
employee at Camp Atterbury in Johnson County.
Under section 532.219 of title 5, Code of Federal Regulations, each
NAF wage area ``shall consist of one or more survey areas, along with
nonsurvey areas, if any, having nonappropriated fund employees.''
Johnson County does not meet the regulatory criteria under 5 CFR
532.219 to be established as a separate NAF wage area; however,
nonsurvey counties may be combined with a survey area to form a wage
area. Section 532.219 lists the regulatory criteria that OPM considers
when defining FWS wage area boundaries. This regulation allows
consideration of the following criteria: Proximity of largest activity
in each county, transportation facilities and commuting patterns, and
similarities of the counties in overall population, private employment
in major industry categories, and kinds and sizes of private industrial
establishments.
Johnson County, IN, would be defined as an area of application to
the Hardin-Jefferson, KY, NAF FWS wage area. The proximity criterion
favors the Hardin-Jefferson wage area. The transportation facilities
criterion does not favor one wage area more than another. However,
there is more direct access from Camp Atterbury to Fort Knox, the host
installation in the Hardin-Jefferson wage area, than from Camp
Atterbury to Wright Patterson Air Force Base, the host installation in
the Greene-Montgomery wage area. The commuting patterns criterion does
not favor one wage area more than another. The difference between the
resident workforce commuting to work in the Hardin-Jefferson and
Greene-Montgomery survey areas is insignificant; however, marginally
more people commute into the Hardin-Jefferson survey area (0.05%) than
into the Greene-Montgomery survey area (0.02%). The overall population,
employment sizes, and kinds and sizes of private industrial
establishments criterion does not favor one wage area more than
another. While a standard review of regulatory criteria shows mixed
results, the proximity criterion favors the Hardin-Jefferson wage area.
Based on this analysis, we propose that Johnson County be defined to
the Hardin-Jefferson NAF wage area.
With the definition of Johnson County to the Hardin-Jefferson NAF
wage area, the Hardin-Jefferson wage area would consist of two survey
counties (Hardin and Jefferson Counties, KY) and six area of
application counties (Jefferson, Johnson, and Martin Counties, IN, and
Fayette, Madison, and Warren Counties, KY). The Federal Prevailing Rate
Advisory Committee, 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
This 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).
Reducing Regulation and Controlling Regulatory Costs
This rule is not an Executive Order 13771 regulatory action because
this rule is not significant under E.O. 12866.
Regulatory Flexibility Act
OPM certifies that this rule will not have a significant economic
impact on a substantial number of small entities.
Federalism
We 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
This regulation meets the applicable standard set forth in
Executive Order 12988.
Unfunded Mandates Act of 1995
This 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
[[Page 49484]]
or uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Congressional Review Act
This 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.
Paperwork Reduction Act
This 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
Administrative practice and procedure, Freedom of information,
Government employees, Reporting and recordkeeping requirements, Wages.
Office of Personnel Management.
Stephen Hickman,
Federal Register Liaison.
Accordingly, OPM is proposing to amend 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.
0
2. In Appendix D to subpart B amend the table by revising the wage area
listing for Kentucky to read as follows:
Appendix D to Subpart B of Part 532--Nonappropriated Fund Wage and
Survey Areas
Definitions of Wage Areas and Wage Area Survey Areas
* * * * *
KENTUCKY
Christian-Montgomery
Survey Area
Kentucky:
Christian
Tennessee:
Montgomery
Area of Application. Survey area.
Hardin-Jefferson
Survey Area
Kentucky:
Hardin
Jefferson
Area of Application. Survey area plus:
Indiana:
Jefferson
Johnson
Martin
Kentucky:
Fayette
Madison
Warren
* * * * *
[FR Doc. 2019-20146 Filed 9-19-19; 8:45 am]
BILLING CODE 6325-39-P
