Prevailing Rate Systems; Special Appropriated Fund Wage Schedules for U.S. Insular Areas

• Published date: 13 February 2019
• Citation: 84 FR 3729
• Record Number: 2019-02113
• Section: Proposed rules
• Court: Personnel Management Office

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.

Proposed Rules Federal Register

3729

Vol. 84, No. 30

Wednesday, February 13, 2019

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Part 532

RIN 3206–AN76

Prevailing Rate Systems; Special

Appropriated Fund Wage Schedules

for U.S. Insular Areas

AGENCY

: Office of Personnel

Management.

ACTION

: Proposed rule with request for

comments.

SUMMARY

: The Office of Personnel

Management (OPM) is issuing a

proposed rule that would amend the

special appropriated fund wage

schedules for U.S. insular areas, to

designate the Department of Defense

(DOD) as the sole lead agency for

American Samoa, the Commonwealth of

the Northern Mariana Islands, Guam,

Midway, and the U.S. Virgin Island. The

Federal Prevailing Rate Advisory

Committee (FPRAC) approved this

change by consensus.

DATES

: We must receive comments on or

before March 15, 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) 606–2838 or by email at pay-leave-

policy@opm.gov.

SUPPLEMENTARY INFORMATION

: OPM is

issuing a proposed rule to amend

section 532.259(a) of title 5, Code of

Federal Regulations. This section

provides that lead agencies establish

and issue special wage schedules for

U.S. civil service wage employees in

certain U.S. insular areas.

When the Federal Wage System

(FWS) was established in 1972, certain

agency policies and practices, including

the special wage schedules for U.S. civil

service wage employees in certain U.S.

insular areas, were continued as special

schedules under the FWS. These U.S.

insular areas special schedules are

currently codified in 5 CFR 532.259.

Section 532.259(a) lists DOD as the lead

agency for Guam, Midway, and the U.S.

Virgin Islands; the Department of

Transportation (DOT) as the lead agency

for American Samoa; and the

Department of the Interior (DOI) as the

lead agency for the Commonwealth of

the Northern Mariana Islands. DOT was

given lead agency responsibility for

American Samoa and DOI was given

lead agency responsibility for the

Commonwealth of the Northern Mariana

Islands because they were the only

agencies with wage employees in those

duty locations at the time the original

lead agency determinations were made.

The Department of the Army now has

five wage employees in American

Samoa. DOI has two wage employees in

American Samoa and four wage

employees in the Commonwealth of the

Northern Mariana Islands. DOT no

longer has wage employees in American

Samoa.

Under 5 CFR 532.259(b), the special

schedules for U.S. insular areas must be

established at the same time and with

rates identical to the foreign area

appropriated fund wage schedules

established under section 532.255. DOD

is the lead agency for the foreign area

appropriated fund wage schedules.

Since these U.S. insular areas special

schedules must be identical to the

foreign wage schedule issued by DOD,

the administration of the U.S. insular

areas wage schedules would be

streamlined if DOD becomes the sole

lead agency issuing these special

schedules. DOT and DOI agree with this

determination.

FPRAC, the national labor-

management committee responsible for

advising OPM on matters concerning

the pay of FWS employees, reviewed

and concurred by consensus with these

changes. These changes would apply 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 proposed rule is not expected to

be subject to the requirements of E.O.

13771 because this proposed rule is not

significant under E.O. 12866.

Regulatory Flexibility Act

OPM certifies that this proposed rule

will not have a significant economic

impact on a substantial number of small

entities because they will affect only

Federal agencies and employees.

Federalism

We have examined this rulemaking in

accordance with Executive Order 13132,

Federalism, and have 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 proposed regulation meets the

applicable standard set forth in

Executive Order 12988.

Unfunded Mandates Act of 1995

This proposed 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

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3730

Federal Register / Vol. 84, No. 30 / Wednesday, February 13, 2019 / Proposed Rules

Enforcement Fairness Act of 1996

(SBREFA)). Therefore, the reporting

requirement of 5 U.S.C. 801 does not

apply.

Paperwork Reduction Act

This proposed 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.

Alexys Stanley,

Regulatory Affairs Analyst.

Accordingly, OPM is proposing 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; § 532.707

also issued under 5 U.S.C. 552.

■2. Section 532.259 is amended by

revising paragraph (a) to read as follows:

§ 532.259 Special appropriated fund wage

schedules for U.S. insular areas

(a) The lead agency shall establish

and issue special wage schedules for

U.S. civil service wage employees in

certain U.S. insular areas. The

Department of Defense is the lead

agency for American Samoa, the

Commonwealth of the Northern Mariana

Islands, Guam, Midway, and the U.S.

Virgin Islands. These schedules shall

provide rates of pay for nonsupervisory,

leader, supervisory, and production

facilitating employees.

* * * * *

[FR Doc. 2019–02113 Filed 2–12–19; 8:45 am]

BILLING CODE 6325–39–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA–2018–1073; Airspace

Docket No. 18–AEA–17]

RIN 2120–AA66

Proposed Amendment of VOR Federal

Airways V–8, V–92, V–214, and V–438

in the Vicinity of Grantsville, MD

AGENCY

: Federal Aviation

Administration (FAA), DOT.

ACTION

: Notice of proposed rulemaking

(NPRM).

SUMMARY

: This action proposes to

modify VHF Omnidirectional Range

(VOR) Federal airways V–8, V–92, V–

214, and V–438 due to planned

decommissioning of the Grantsville,

MD, VOR/DME navigation aid which

provides navigation guidance for

segments of the routes.

DATES

: Comments must be received on

or before April 1, 2019.

ADDRESSES

: Send comments on this

proposal to the U.S. Department of

Transportation, Docket Operations, 1200

New Jersey Avenue SE, West Building

Ground Floor, Room W12–140,

Washington, DC 20590; telephone: 1

(800) 647–5527 or (202) 366–9826. You

must identify FAA Docket No. FAA–

2018–1073; Airspace Docket No. 18–

AEA–17 at the beginning of your

comments. You may also submit

comments through the internet at http://

www.regulations.gov.

FAA Order 7400.11C, Airspace

Designations and Reporting Points, and

subsequent amendments can be viewed

online at http://www.faa.gov/air_traffic/

publications/. For further information,

you can contact the Airspace Policy

Group, Federal Aviation

Administration, 800 Independence

Avenue SW, Washington, DC 20591;

telephone: (202) 267–8783. The Order is

also available for inspection at the

National Archives and Records

Administration (NARA). For

information on the availability of FAA

Order 7400.11C at NARA, call (202)

741–6030, or go to http://

www.archives.gov/federal-register/cfr/

ibr-locations.html.

FAA Order 7400.11, Airspace

Designations and Reporting Points, is

published yearly and effective on

September 15.

FOR FURTHER INFORMATION CONTACT

: Paul

Gallant, Airspace Policy Group, Office

of Airspace Services, Federal Aviation

Administration, 800 Independence

Avenue SW, Washington, DC 20591;

telephone: (202) 267–8783.

SUPPLEMENTARY INFORMATION

:

Authority for This Rulemaking

The FAA’s authority to issue rules

regarding aviation safety is found in

Title 49 of the United States Code.

Subtitle I, Section 106 describes the

authority of the FAA Administrator.

Subtitle VII, Aviation Programs,

describes in more detail the scope of the

agency’s authority. This rulemaking is

promulgated under the authority

described in Subtitle VII, Part A,

Subpart I, Section 40103. Under that

section, the FAA is charged with

prescribing regulations to assign the use

of the airspace necessary to ensure the

safety of aircraft and the efficient use of

airspace. This regulation is within the

scope of that authority as it would

modify the VOR Federal airway route

structure in the eastern United States to

maintain the efficient flow of air traffic.

Comments Invited

Interested parties are invited to

participate in this proposed rulemaking

by submitting such written data, views,

or arguments as they may desire.

Comments that provide the factual basis

supporting the views and suggestions

presented are particularly helpful in

developing reasoned regulatory

decisions on the proposal. Comments

are specifically invited on the overall

regulatory, aeronautical, economic,

environmental, and energy-related

aspects of the proposal.

Communications should identify both

docket numbers (FAA Docket No. FAA–

2018–1073; Airspace Docket No. 18–

AEA–17 and be submitted in triplicate

to the Docket Management Facility (see

ADDRESSES

section for address and

phone number). You may also submit

comments through the internet at http://

www.regulations.gov.

Commenters wishing the FAA to

acknowledge receipt of their comments

on this action must submit with those

comments a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to FAA

Docket No. FAA–2018–1073; Airspace

Docket No. 18–AEA–17’’. The postcard

will be date/time stamped and returned

to the commenter.

All communications received on or

before the specified comment closing

date will be considered before taking

action on the proposed rule. The

proposal contained in this action may

be changed in light of comments

received. A report summarizing each

substantive public contact with FAA

personnel concerned with this

rulemaking will be filed in the docket.

Availability of NPRM’s

An electronic copy of this document

may be downloaded through the

internet at http://www.regulations.gov.

Recently published rulemaking

documents can also be accessed through

the FAA’s web page at http://

www.faa.gov/air_traffic/publications/

airspace_amendments/.

You may review the public docket

containing the proposal, any comments

received and any final disposition in

person in the Dockets Office (see

ADDRESSES

section for address and

phone number) between 9:00 a.m. and

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