Prevailing Rate Systems; Definition of Pitt County, North Carolina, to a Nonappropriated Fund Federal Wage System Wage Area

Citation84 FR 72250
Published date31 December 2019
Record Number2019-28007
CourtPersonnel Management Office
Federal Register, Volume 84 Issue 250 (Tuesday, December 31, 2019)
[Federal Register Volume 84, Number 250 (Tuesday, December 31, 2019)]
                [Proposed Rules]
                [Pages 72250-72251]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-28007]
                ========================================================================
                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.
                ========================================================================
                Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 /
                Proposed Rules
                [[Page 72250]]
                OFFICE OF PERSONNEL MANAGEMENT
                5 CFR Part 532
                RIN 3206-AN94
                Prevailing Rate Systems; Definition of Pitt County, North
                Carolina, to a Nonappropriated Fund Federal Wage System Wage Area
                AGENCY: Office of Personnel Management.
                ACTION: Proposed rule.
                -----------------------------------------------------------------------
                SUMMARY: The Office of Personnel Management (OPM) is issuing a proposed
                rule that would define Pitt County, North Carolina, as an area of
                application county to the Wayne, NC, nonappropriated fund (NAF) Federal
                Wage System (FWS) wage area. This change is necessary because there is
                one NAF FWS employee working in Pitt County, and the county is not
                currently defined to a NAF wage area.
                DATES: Send comments on or before January 30, 2020.
                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 Pitt County, NC, as an area of application to the Wayne, NC, NAF
                FWS wage area. The Department of Veterans Affairs notified OPM that the
                Veterans Canteen Service now has one NAF FWS employee in Pitt 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.'' Pitt
                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.
                 Pitt County, NC, would be defined as an area of application to the
                Wayne, NC, NAF FWS wage area. The proximity criterion favors the Wayne
                wage area. The transportation facilities and commuting patterns
                criterion does not favor one wage area more than another. 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 Wayne wage area. Based on
                this analysis, we propose that Pitt County be defined to the Wayne NAF
                wage area.
                 With the definition of Pitt County to the Wayne NAF wage area, the
                Wayne wage area would consist of one survey county (Wayne County, NC)
                and two area of application counties (Halifax and Pitt Counties, NC).
                The Federal Prevailing Rate Advisory Committee, the national labor-
                management committee responsible for advising OPM on matters concerning
                the pay of FWS employees, made a majority recommendation to define Pitt
                County to the Wayne NAF wage area. 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 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
                [[Page 72251]]
                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.
                Alexys Stanley,
                Regulatory Affairs.
                 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 the State of North Carolina 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
                
                
                
                
                 * * * * *
                 NORTH CAROLINA
                 Craven
                 Survey Area
                North Carolina:
                 Craven
                ------------------------------------------------------------------------
                 Area of Application. Survey area plus:
                North Carolina:
                 Carteret
                 Dare
                 Cumberland
                 Survey Area
                North Carolina:
                 Cumberland
                 Area of Application. Survey area plus:
                North Carolina:
                 Durham
                 Forsyth
                 Rowan
                 Onslow
                 Survey area
                North Carolina:
                 Onslow
                 Area of Application. Survey area plus:
                North Carolina:
                 New Hanover
                 Wayne
                 Survey area
                North Carolina:
                 Wayne
                 Area of Application. Survey area plus:
                North Carolina:
                 Halifax
                 Pitt
                
                 * * * * *
                
                [FR Doc. 2019-28007 Filed 12-30-19; 8:45 am]
                BILLING CODE 6325-39-P
                

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