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

Published date03 May 2024
Record Number2024-09669
Citation89 FR 36720
CourtPersonnel Management Office
SectionProposed rules
Federal Register, Volume 89 Issue 87 (Friday, May 3, 2024)
[Federal Register Volume 89, Number 87 (Friday, May 3, 2024)]
                [Proposed Rules]
                [Pages 36720-36721]
                From the Federal Register Online via the Government Publishing Office []
                [FR Doc No: 2024-09669]
                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. 89, No. 87 / Friday, May 3, 2024 / Proposed
                [[Page 36720]]
                5 CFR Part 532
                [Docket ID: OPM-2024-0010]
                RIN 3206-AO67
                Prevailing Rate Systems; Redefinition of the Arapahoe-Denver,
                Colorado, Nonappropriated Fund Federal Wage System Wage Area
                AGENCY: Office of Personnel Management.
                ACTION: Proposed rule.
                SUMMARY: The Office of Personnel Management (OPM) is proposing a rule
                to remove Denver County, CO, from the Arapahoe-Denver, CO,
                nonappropriated fund (NAF) Federal Wage System (FWS) wage area. In
                addition, OPM proposes to change 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.
                DATES: Send comments on or before June 3, 2024.
                ADDRESSES: You may submit comments, identified by docket number and/or
                Regulatory Information Number (RIN) and title, by the following method:
                 Federal eRulemaking Portal:
                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
                without change, including any personal identifiers or contact
                FOR FURTHER INFORMATION CONTACT: Ana Paunoiu, by telephone at (202)
                606-2858 or by email at [email protected].
                SUPPLEMENTARY INFORMATION: Under 5 CFR 532.219, OPM may establish an
                NAF wage area when there are a minimum of 26 NAF wage employees in the
                survey area, a local activity has the capability to host annual local
                wage surveys, and the survey area has at least 1,800 private enterprise
                employees in establishments within survey specifications. The Arapahoe-
                Denver, CO, NAF wage area is presently composed of two survey area
                counties, Arapahoe and Denver Counties, CO, and one area of application
                county, Mesa County, CO. The Department of Defense (DOD) notified OPM
                that the Defense Finance Cafeteria that was located in Denver County
                closed in 2010 and the Denver Outpatient Clinic moved to Arapahoe
                County in 2018. This leaves no NAF FWS employment in Denver County.
                Under 5 U.S.C. 5343(a)(1)(B)(i), NAF wage areas ``shall not extend
                beyond the immediate locality in which the particular prevailing rate
                employees are employed.'' Therefore, Denver County should not be
                defined as part of an NAF wage area.
                 With the removal of Denver County, the renamed Arapahoe wage area
                would consist of one survey county, Arapahoe County, CO, and one area
                of application county, Mesa County, CO. DOD indicates that there are
                about 65 NAF FWS employees working in the survey area, and the area has
                a local activity, Buckley Space Force Base, capable of hosting the wage
                survey. There are also 4 NAF FWS employees in Mesa County.
                 The Federal Prevailing Rate Advisory Committee, the national labor-
                management committee responsible for advising OPM on matters concerning
                the pay of FWS employees, recommended these changes by consensus. These
                changes would be effective on the first day of the first applicable pay
                period beginning on or after 30 days following publication of the final
                Expected Impact of This Proposed Rule
                 Under 5 U.S.C. 5343, OPM has 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 proposed rule will
                have no impact on approximately 69 NAF FWS employees. OPM does not
                anticipate this proposed rule will substantially impact local economies
                or have a large impact in local labor markets. However, OPM is
                requesting comment in this proposed rule regarding the impact. 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.
                Regulatory Review
                 OPM has examined the impact of this rulemaking as required by
                Executive Orders 12866, 13563, and 14094, which 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).
                OMB has determined that this rulemaking is not a ``significant
                regulatory action'' under section 3(f) of Executive Order 12866, as
                amended by Executive Order 14094.
                Regulatory Flexibility Act
                 The Director of OPM certifies that this rulemaking will not have a
                significant economic impact on a substantial number of small entities.
                 OPM has examined this rulemaking in accordance with Executive Order
                13132, Federalism, and has determined that this proposed rule will not
                have any negative impact on the rights, roles and responsibilities of
                state, local, or tribal governments.
                Civil Justice Reform
                 This rulemaking meets the applicable standard set forth in
                Executive Order 12988.
                Unfunded Mandates Act of 1995
                 This rulemaking 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
                [[Page 36721]]
                Paperwork Reduction Act of 1995
                 This rulemaking does not impose any reporting or recordkeeping
                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.
                Kayyonne Marston,
                Federal Register Liaison.
                 Accordingly, OPM is proposing to amend 5 CFR part 532 as follows:
                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. In appendix D to subpart B, amend the table by revising the wage
                area listing for the State of Colorado 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
                 * * * * *
                 Survey Area
                 Area of Application. Survey area plus:
                 El Paso
                 Survey Area
                 El Paso
                 Area of Application. Survey area plus:
                 * * * * *
                [FR Doc. 2024-09669 Filed 5-2-24; 8:45 am]
                BILLING CODE 6325-39-P

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