This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

78223 

Vol. 88, No. 219 

Wednesday, November 15, 2023 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 532 

[Docket ID: OPM–2023–0017] 

RIN 3206–AO60 

Prevailing Rate Systems; Abolishment 

of Allegheny, Pennsylvania, as a 

Nonappropriated Fund Federal Wage 

System Wage Area 

AGENCY: Office of Personnel 

Management. 

ACTION: Final rule. 

SUMMARY: The Office of Personnel 

Management (OPM) is issuing a final 

rule to abolish the Allegheny, 

Pennsylvania, nonappropriated fund 

(NAF) Federal Wage System (FWS) 

wage area and redefine Cuyahoga 

County, Ohio, to the Macomb, 

Michigan, NAF wage area; Trumbull 

County, OH, to the Niagara, New York, 

NAF wage area; Allegheny and Butler 

Counties, PA, to the Cumberland, PA, 

NAF wage area; Harrison County, West 

Virginia, to the Prince William, Virginia, 

NAF wage area; and Westmoreland 

County, PA, will no longer be defined. 

These changes are necessary because 

NAF FWS employment in the survey 

area is now below the minimum 

criterion of 26 wage employees to 

maintain a wage area, and the local 

activities no longer have the capability 

to conduct local wage surveys. 

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 pay-leave-policy@

opm.gov. 

SUPPLEMENTARY INFORMATION: On August 

15, 2023, OPM issued a proposed rule 

(88 FR 55421) to abolish the Allegheny, 

PA, NAF FWS wage area and redefine 

Cuyahoga County, OH, as an area of 

application county to the Macomb, MI, 

NAF wage area; Trumbull County, OH, 

as an area of application county to the 

Niagara, NY, NAF wage area; Allegheny 

and Butler Counties, PA, as an area of 

application counties to the Cumberland, 

PA, NAF wage area; and Harrison 

County, WV, as an area of application 

county to the Prince William, VA, NAF 

wage area. Westmoreland County, PA, 

will no longer be defined to a NAF wage 

area. The Federal Prevailing Rate 

Advisory Committee, the national labormanagement committee responsible for 

advising OPM on matters concerning 

the pay of FWS employees, reviewed 

and recommended these changes by 

consensus. 

The proposed rule had a 30-day 

comment period, during which OPM 

received no comments. Therefore, this 

final rule adopts the proposed rule at 88 

FR 55421 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 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 final rule to impact 

approximately 26 NAF FWS employees. 

Considering the small number of 

employees affected, OPM does not 

anticipate this rule will substantially 

impact local economies or have a large 

impact in local labor markets. 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 

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. 


ddrumheller on DSK120RN23PROD with RULES1
78224 Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Rules and Regulations 

Office of Personnel Management. 

Kayyonne Marston, 

Federal Register Liaison. 

Accordingly, OPM amends 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. In Appendix D to subpart B, amend 

the table by revising the wage area 

listing for the States of Michigan, New 

York, Pennsylvania, and Virginia 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 

* * * * * 

MICHIGAN 

Macomb 

Survey Area 

Michigan: 

Macomb 

Area of Application. Survey area plus: 

Michigan: 

Alpena 

Calhoun 

Crawford 

Grand Traverse 

Huron 

Iosco 

Kent 

Leelanau 

Ottawa 

Saginaw 

Washtenaw 

Wayne 

Ohio: 

Cuyahoga 

Lucas 

Ottawa 

* * * * * 

NEW YORK 

Jefferson 

Survey Area 

New York: 

Jefferson 

Area of Application. Survey area plus: 

New York: 

Albany 

Oneida 

Onondaga 

Ontario 

Schenectady 

Steuben 

Kings-Queens 

Survey Area 

New York: 

Kings 

Queens 

Area of Application. Survey area plus: 

New Jersey: 

Essex 

Hudson 

New York: 

Bronx 

Nassau 

New York 

Richmond 

Suffolk 

Niagara 

Survey Area 

New York: 

Niagara 

Area of Application. Survey area plus: 

New York: 

Erie 

Genesee 

Ohio: 

Trumbull 

Pennsylvania: 

Erie 

Orange 

Survey Area 

New York: 

Orange 

Area of Application. Survey area plus: 

New York: 

Dutchess 

Westchester 

* * * * * 

PENNSYLVANIA 

Cumberland 

Survey Area 

Pennsylvania: 

Cumberland 

Area of Application. Survey area plus: 

Pennsylvania: 

Allegheny 

Blair 

Butler 

Franklin 

York 

Survey Area 

Pennsylvania: 

York 

Area of Application. Survey area plus: 

Pennsylvania: 

Lebanon 

* * * * * 

VIRGINIA 

Alexandria-Arlington-Fairfax 

Survey Area 

Virginia (city): 

Alexandria 

Virginia (counties): 

Arlington 

Fairfax 

Area of Application. Survey area. 

Chesterfield-Richmond 

Survey Area 

Virginia (city): 

Richmond 

Virginia (county): 

Chesterfield 

Area of Application. Survey area plus: 

Virginia (cities): 

Bedford 

Charlottesville 

Salem 

Virginia (counties): 

Caroline 

Nottoway 

Prince George 

West Virginia: 

Pendleton 

Hampton-Newport News 

Survey Area 

Virginia (cities): 

Hampton 

Newport News 

Area of Application. Survey area plus: 

Virginia (city): 

Williamsburg 

Virginia (county): 

York 

Norfolk-Portsmouth-Virginia Beach 

Survey Area 

Virginia (cities): 

Norfolk 

Portsmouth 

Virginia Beach 

Area of Application. Survey area plus: 

North Carolina: 

Pasquotank 

Virginia (cities): 

Chesapeake 

Suffolk 

Virginia (counties): 

Accomack 

Northampton 

Prince William 

Survey Area 

Virginia: 

Prince William 

Area of Application. Survey area plus: 

Virginia: 

Fauquier 

West Virginia: 

Harrison 

* * * * * 

[FR Doc. 2023–25154 Filed 11–14–23; 8:45 am] 

BILLING CODE 6325–39–P 


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