[Federal Register Volume 88, Number 219 (Wednesday, November 15, 2023)]
[Rules and Regulations]
[Pages 78225-78226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25155]



[[Page 78225]]

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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

[Docket ID: OPM-2023-0018]
RIN 3206-AO61


Prevailing Rate Systems; Redefinition of the Northeastern Arizona 
and Utah Appropriated Fund Federal Wage System Wage Areas

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing a final 
rule to redefine the geographic boundaries of the Northeastern Arizona 
and Utah appropriated fund Federal Wage System (FWS) wage areas for 
pay-setting purposes. The final rule will redefine Washington County, 
UT, and several National Parks portions of Garfield, Grand, Iron, San 
Juan, and Wayne Counties, UT, to the Northeastern Arizona wage area.

DATES: 
    Effective date: This regulation is effective December 15, 2023.
    Applicability date: This change applies on the first day of the 
first applicable pay period beginning on or after December 15, 2023.

FOR FURTHER INFORMATION CONTACT: Ana Paunoiu, by telephone at (202) 
606-2858 or by email at <a href="/cdn-cgi/l/email-protection#3e4e5f4713525b5f485b134e5152575d477e514e5310595148"><span class="__cf_email__" data-cfemail="98e8f9e1b5f4fdf9eefdb5e8f7f4f1fbe1d8f7e8f5b6fff7ee">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: On August 15, 2023, OPM issued a proposed 
rule (88 FR 55423) to redefine the geographic boundaries of the 
Northeastern Arizona and Utah appropriated fund FWS wage areas. The 
rulemaking proposed to redefine Washington County, UT; and the Bryce 
Canyon, Capitol Reef, and Canyonlands National Parks portions of 
Garfield County, UT; the Arches and Canyonlands National Parks portions 
of Grand County, UT; the Cedar Breaks National Monument and Zion 
National Park portions of Iron County, UT; the Canyonlands National 
Park portion of San Juan County, UT; and the Capitol Reef and 
Canyonlands National Parks portions of Wayne County from the Utah wage 
area to the Northeastern Arizona wage area. The Federal Prevailing Rate 
Advisory Committee, the national labor-management committee responsible 
for advising OPM on matters concerning the pay of FWS employees, 
reviewed and recommended these changes by consensus.
    The 30-day comment period ended on September 15, 2023. OPM received 
one public comment expressing general concerns about economic growth 
around National Parks that is outside the scope of this rulemaking. 
Therefore, this final rule adopts the proposed rule at 88 FR 55423 
without change.

Expected Impact of This Rule

    Section 5343 of title 5, U.S. Code, provides OPM with the authority 
and responsibility to define the boundaries of FWS wage areas. Any 
changes in wage area boundaries can have the long-term effect of 
increasing pay for FWS employees in affected locations. OPM expects 
this rule to impact approximately 100 FWS employees. Of the changes 
this rule implements, the most significate change in terms of the 
number of impacted employees would be in Washington County, UT, where 
approximately 32 FWS employees would be affected. Considering the small 
number of employees affected, OPM does not anticipate this rule will 
have a substantial impact on the local economies or a large impact in 
the local labor markets. However, OPM will continue to study the 
implications of such impacts in this or future rules as needed, as this 
and future changes in wage area definitions may impact higher volumes 
of employees in geographical areas and could rise to the level of 
impacting local labor markets.

Regulatory Review

    Executive Orders 13563, 12866, and 14094 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). This rule 
is not a ``significant regulatory action'' under the provisions of 
Executive Order 14094 and, therefore, was not reviewed by OMB.

Regulatory Flexibility Act

    The Director of OPM certifies that this rule will not have a 
significant economic impact on a substantial number of small entities.

Federalism

    OPM has 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 rule 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

    Subtitle E of the Small Business Regulatory Enforcement Fairness 
Act of 1996 (known as the Congressional Review Act or CRA) (5 U.S.C. 
801 et seq.) requires most final rules to be submitted to Congress 
before taking effect. OPM will submit to Congress and the Comptroller 
General of the United States a report regarding the issuance of this 
rule before its effective date. The Office of Information and 
Regulatory Affairs in the Office of Management and Budget has 
determined that this rule is not a major rule as defined by the CRA (5 
U.S.C. 804).

Paperwork Reduction Act

    This rule does not impose any 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.
Kayyonne Marston,
Federal Register Liaison.

    Accordingly, OPM amends 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 C to subpart B, amend the table by revising the wage 
area listings for the States of Arizona and Utah to read as follows:

[[Page 78226]]

Appendix C to Subpart B of Part 532--Appropriated Fund Wage and Survey 
Areas

Definitions of Wage Areas and Wage Area Survey Areas

* * * * *

ARIZONA

Northeastern Arizona

Survey Area

Arizona:
    Apache
    Coconino
    Navajo
New Mexico:
    McKinley
    San Juan

Area of Application. Survey area plus:

Colorado:
    Dolores
    Gunnison (Only includes the Curecanti National Recreation Area 
portion)
    La Plata
    Montezuma
    Montrose
    Ouray
    San Juan
    San Miguel
Utah:
    Garfield (Only includes the Bryce Canyon, Capitol Reef, and 
Canyonlands National Parks portions)
    Grand (Only includes the Arches and Canyonlands National Parks 
portions)
    Iron (Only includes the Cedar Breaks National Monument and Zion 
National Park portions)
    Kane
    San Juan
    Washington
    Wayne (Only includes the Capitol Reef and Canyonlands National 
Parks portions)

Phoenix

Survey Area

Arizona:
    Gila
    Maricopa

Area of Application. Survey area plus:

Arizona:
    Pinal
    Yavapai

Tucson

Survey Area

Arizona:
    Pima

Area of Application. Survey area plus:

Arizona:
    Cochise
    Graham
    Greenlee
    Santa Cruz
* * * * *

UTAH

Utah

Survey Area

Utah:
    Box Elder
    Davis
    Salt Lake
    Tooele
    Utah
    Weber

Area of Application. Survey area plus:

Utah:
    Beaver
    Cache
    Carbon
    Daggett
    Duchesne
    Emery
    Garfield (Does not include the Bryce Canyon, Capitol Reef, and 
Canyonlands National Parks portions)
    Grand (Does not include the Arches and Canyonlands National 
Parks portions)
    Iron (Does not include the Cedar Breaks National Monument and 
Zion National Park portions)
    Juab
    Millard
    Morgan
    Piute
    Rich
    Sevier
    Sanpete
    Summit
    Uintah
    Wasatch
    Wayne (Does not include the Capitol Reef and Canyonlands 
National Parks portions)
* * * * *
[FR Doc. 2023-25155 Filed 11-14-23; 8:45 am]
BILLING CODE 6325-39-P


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