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

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

75153

Vol. 65, No. 232

Friday, December 1, 2000

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Part 531

RIN 3206–AJ07

Pay Under the General Schedule;

Locality-Based Comparability

Payments

AGENCY: Office of Personnel

Management.

ACTION: Final rule.

SUMMARY: The Office of Personnel

Management (OPM) is issuing final

regulations to change the boundaries of

two locality pay areas for 2001 by

adding areas of application to the

Boston-Worcester-Lawrence, MA-NHME-CT, locality pay area and the San

Francisco-Oakland-San Jose, CA,

locality pay area. We are adding the

State of Rhode Island as an area of

application to the Boston locality pay

area and Monterey County, CA, as an

area of application to the San Francisco

locality pay area. These changes are

based on recommendations of the

Federal Salary Council, a body

composed of experts in the fields of

labor relations or pay setting and

representatives of Federal employee

organizations. Based on comments

received on the proposed regulations,

we are also adding to the Boston locality

pay area the portion of Bristol County,

MA, not already included in the Boston

area.

EFFECTIVE DATE: The regulations are

effective on January 1, 2001, and are

applicable on the first day of the first

pay period beginning on or after January

1, 2001.

FOR FURTHER INFORMATION CONTACT:

Allan Hearne, (202) 606–2838; FAX:

(202) 606–4264; EMAIL:

payleave@opm.gov.

SUPPLEMENTARY INFORMATION: On August

16, 2000, the Office of Personnel

Management (OPM) published proposed

regulations to add two locations as areas

of application to existing locality pay

areas. Section 5304(f) of title 5, United

States Code, authorizes the President’s

Pay Agent (the Secretary of Labor, the

Director of the Office of Management

and Budget (OMB), and the Director of

the Office of Personnel Management

(OPM)) to provide for such pay

localities as the Pay Agent considers

appropriate. The Pay Agent must give

thorough consideration to the views and

recommendations of the Federal Salary

Council, a body composed of experts in

the fields of labor relations or pay

setting and representatives of Federal

employee organizations. The President

appoints the members of the Federal

Salary Council, and they submit annual

recommendations to the Pay Agent

about the locality pay program for

General Schedule employees. The

establishment or modification of pay

area boundaries must conform with the

notice and comment provisions of the

Administrative Procedure Act (5 U.S.C.

553).

Based on the Council’s

recommendations in 1993, the Pay

Agent approved using Metropolitan

Statistical Area (MSA) boundaries as the

basis for defining locality pay areas.

OMB establishes MSAs based on

population size, population density, and

commuting patterns. The Council also

recommended and the Pay Agent

approved criteria for adding adjacent

counties as ‘‘areas of application.’’

In its letter of October 22, 1999, to the

Pay Agent, the Federal Salary Council

recommended making two changes in

the area of application criteria for 2001.

The first change would create a new set

of ‘‘Full State’’ criteria to treat a State

smaller than 115 percent of the average

county size as a single county for

application of the existing county

criteria. This change would make the

State of Rhode Island an area of

application to the Boston locality pay

area. The Council recommended this

change because nearby higher-paying

locality pay areas virtually surround

Rhode Island, agencies in Rhode Island

have reported difficulties in filling

positions because of higher locality rates

in Boston and Hartford, and counties in

Rhode Island are so small that no single

county passes the existing criteria.

The second change would amend the

population density portion of the

current criteria by reducing the ‘‘percent

of population living in urbanized areas’’

criterion from 90 percent to 80 percent.

This change would qualify Monterey

County, CA, as an area of application to

the San Francisco locality pay area. The

Council recommended this change

because a significant portion of

Monterey County is devoted to Federal

parkland and military installations,

making it difficult to pass the

population density criterion even

though there is a significant level of

commuting between Monterey and San

Francisco.

In its 1999 report to the President, the

Pay Agent tentatively agreed to make

the changes recommended by the

Federal Salary Council. The revised

criteria for adding an adjacent area as an

area of application are:

A. County-wide areas of application.

To be included in the pay area, the

affected county must—

1. currently be in the Rest of U.S. pay

area and be contiguous to a pay locality

(exclusive of any other areas of

application);

2. contain at least 2,000 General

Schedule (GS) employees;

3. have a significant level of

urbanization based on 1990 Census

data, defined as a population density of

more than 200 persons per square mile

or at least 80 percent of the population

in urbanized areas; and

4. demonstrate some economic

linkage with the pay locality, defined as

commuting at a level of 5 percent or

more into or from the county under

consideration and the central core of the

metropolitan area as identified by the

Census Bureau.

B. Partial-county areas of application

in New England. To be in the pay area,

the partial county must—

1. currently be in the Rest of U.S. pay

area and be contiguous to the pay

locality (exclusive of any other areas of

application);

2. contain at least 2,000 GS

employees;

3. be part of an entire county that has

a population density of more than 200

persons per square mile or at least 80

percent of the population in urbanized

areas; and

4. be part of an entire county that

demonstrates some economic linkage

with the pay locality, defined as

commuting at a level of 5 percent or

more into or from the county under

75154 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

consideration and the central core of the

metropolitan area as identified by the

Census Bureau.

C. Federal facilities crossing pay

locality boundaries. To be in the pay

locality, the portion of a Federal facility

which crosses pay locality boundaries

and which is not in the pay locality

must—

1. contain at least 1,000 GS

employees;

2. have the duty stations of the

majority of GS employees within 10

miles of the locality; and

3. have a significant number of its

employees commuting from the pay

locality.

D. Full-State areas of application. In

order to be evaluated for area of

application status, an entire State may

be considered as one county for

purposes of applying the county-wide

area-of-application criteria if—

1. no part of the State is already in a

separate metropolitan pay area;

2. the State is adjacent to the pay area

(exclusive of any other areas of

application); and

3. the State is smaller than 115

percent of the average county size in

square miles in the lower 48 States plus

Washington, DC, as determined by OPM

using land area data published by the

Census Bureau and the number of

counties in the United States as

determined by the Census Bureau.

After application of the above criteria,

the entire State must still pass the

county-wide area-of-application criteria

before it can become an area of

application.

We received more than 800 comments

on the proposed regulations. Virtually

all of the comments were in support of

the proposed changes. A few comments

focused on issues outside the scope of

the proposed rule, such as when other

areas might become separate locality

pay areas.

We also received a number of

comments about a portion of Bristol

County, MA, that lies between the

Boston Consolidated Metropolitan

Statistical Area (CMSA) and the State of

Rhode Island. There are eight cities/

townships in this small strip, which is

about 10 miles wide (east to west) at it

widest and about 30 miles long (north

to south). Although there is a significant

amount of commuting to and from both

Providence and Boston from this area,

all of the cities/townships in this area

are part of the Providence MSA because

there is a greater level of commuting to

and from Providence.

Commenters, including affected

employees, Members of Congress, an

employing agency, and the Greater

Boston Federal Executive Board,

concluded that Federal agencies in these

areas will not be able to recruit and

retain an adequate workforce if

employees can drive 10 miles or less in

virtually any direction and receive the

higher Boston locality pay rate. After

reviewing the comments and other

pertinent data on this small area,

including commuting patterns and

population density, we have concluded

that all of Bristol County, MA, should be

included in the Boston locality pay area.

The Pay Agent believes that excluding

these eight cities/townships would

create an egregious situation, unique

under the locality pay program. This

small area, which has significant ties to

both Providence and Boston, is virtually

surrounded by the Boston locality pay

area and the new Rhode Island area of

application. In addition, the entire area

is within easy commuting distance of

the rest of the Boston locality pay area.

There are no other similarly situated

areas.

Therefore, the final regulations

include both the State of Rhode Island

and all of Bristol County, MA, in the

Boston-Worcester-Lawrence, MA-NHME-CT, locality pay area. In addition, as

originally recommended by the Federal

Salary Council and proposed by the Pay

Agent, the final regulations include

Monterey County, CA, in the San

Francisco-Oakland-San Jose, CA,

locality pay area.

E.O. 12866, Regulatory Review

The Office of Management and Budget

has reviewed this rule in accordance

with E.O. 12866.

Regulatory Flexibility Act

I certify that these regulations will not

have a significant economic impact on

a substantial number of small entities

because they will apply only to Federal

agencies and employees.

List of Subjects in 5 CFR Part 531

Government employees, Law

enforcement officers, Wages.

Office of Personnel Management.

Janice R. Lachance,

Director.

Accordingly, OPM is amending part

531 of title 5, Code of Federal

Regulations, as follows:

PART 531—PAY UNDER THE

GENERAL SCHEDULE

1. The authority citation for part 531

continues to read as follows:

Authority: 5 U.S.C. 5115, 5307, and 5338;

sec. 4 of Pub. L. 103–89, 107 Stat. 981; and

E.O. 12748, 56 FR 4521, 3 CFR, 1991 Comp.,

p. 316;

Subpart B also issued under 5 U.S.C.

5303(g), 5333, 5334(a), and 7701(b)(2);

Subpart C also issued under 5 U.S.C. 5304,

5305, and 5553; sections 302 and 404 of

FEPCA, Pub. L. 101–509, 104 Stat. 1462 and

1466; and section 3(7) of Pub. L. 102–378,

106 Stat. 1356;

Subpart D also issued under 5 U.S.C.

5335(g) and 7701(b)(2);

Subpart E also issued under 5 U.S.C. 5336;

Subpart F also issued under 5 U.S.C. 5304,

5305(g)(1), and 5553; and E.O. 12883, 58 FR

63281, 3 CFR, 1993 Comp., p. 682;

Subpart G also issued under 5 U.S.C. 5304,

5305, and 5553; section 302 of the Federal

Employees Pay Comparability Act of 1990

(FEPCA), Pub. L. 101–509, 104 Stat. 1462;

and E.O. 2786, 56 FR 67453, 3 CFR, 1991

Comp., p. 376.

Subpart F—Locality-Based

Comparability Payments

2. In § 531.603, paragraphs (b)(2) and

(b)(29) are revised to read as follows:

§ 531.603 Locality pay areas.

* * * * *

(b) * * *

(2) Boston-Worcester-Lawrence, MANH-ME-CT-RI—consisting of the

Boston-Worcester-Lawrence, MA-NHME-CT CMSA, plus the State of Rhode

Island and all of Bristol County, MA;

* * * * *

(29) San Francisco-Oakland-San Jose,

CA—consisting of the San FranciscoOakland-San Jose, CA CMSA, plus

Monterey County, CA;

* * * * *

[FR Doc. 00–30790 Filed 11–29–00; 2:33 pm]

BILLING CODE 6325–01–P

FEDERAL TRADE COMMISSION

16 CFR Parts 300 and 303

Rules and Regulations Under the

Textile Fiber Products Identification

Act; Rules and Regulations Under the

Wool Products Labeling Act of 1939

AGENCY: Federal Trade Commission.

ACTION: Final rule.

SUMMARY: The Federal Trade

Commission (FTC or Commission)

amends the Rules and Regulations

under the Textile Fiber Products

Identification Act (Textile Rules) to

revise the form for Application for a

Registered Identification Number

(‘‘RN’’) in order to facilitate receiving

applications electronically; incorporate

by reference the generic fiber names and

definitions for manufactured fibers in

International Organization for

Standardization standard ISO 2076:

1999(E), ‘‘Textiles—Man-mad fibres—

Generic names;’’ clarify origin labeling