27996 Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Rules and Regulations

designated as areas of application.

Jefferson County meets the minimum

requirements to be the survey area. Fort

Drum, located in Jefferson County, has

181 NAF Federal Wage System

employees and has the capability to

conduct the survey. Jefferson County

also meets the other regulatory

requirement of a minimum of 1,800

private enterprise employees in

establishments within survey

specifications (with approximately

16,970 such employees). Clinton,

Saratoga, and Seneca, which have no

FWS employees, will be deleted.

As required in regulation, 5 CFR

532.219, the following criteria were

considered in redefining these wage

areas:

(1) Proximity of largest activity in

each county;

(2) Transportation facilities and

commuting patterns; and

(3) Similarities of the counties in:

(i) Overall population;

(ii) Private employment in major

industry categories; and

(iii) Kinds and sizes of private

industrial establishments.

The criteria strongly favor redefinition

to the proposed Jefferson survey area for

the closest two counties to be redefined,

Oneida and Onondaga. For the four

more distant counties to the southwest

(Ontario and Steuben) and to the

southeast (Schenectady and Albany),

the regulatory criteria are mixed, with

Jefferson first-ranked on either the

transportation and commuting patterns

criterion or the similarities in

population and private industry

criterion. Although consideration was

given to the possible redefinition of

these four counties to the closer Niagara,

New York, or Hampden, Massachusetts,

areas, the mixed nature of these findings

supports this redefinition. Other

relevant factors weighed include the

continuity of the historical composition

of the old wage area and a natural

affinity of these New York counties

having continuing NAF employment.

The willingness of DOD and its wage

committee to establish a new wage area

and conduct a new survey furthers the

concepts of wage rates based on

prevailing local rates and of effective

partnership in this period of wage area

realignments as base closures shrink the

NAF workforce.

The full-scale surveys will continue to

be ordered in March of even numbered

fiscal years—e.g., in March 1996. The

Federal Prevailing Rate Advisory

Committee reviewed this

recommendation and by consensus

recommended approval.

Pursuant to 5 U.S.C. 553(b)(3)(B), I

find that good cause exists for waiving

the general notice of proposed

rulemaking. Also, pursuant to section

553(d)(3) of title 5, United States Code,

I find that good cause exists for making

this rule effective in less than 30 days.

The notice is being waived and the

regulation is being made effective in less

than 30 days because preparations for

the 1996 Jefferson, NY, NAF wage area

survey must begin immediately.

Regulatory Flexibility Act

I certify that these regulations will not

have a significant economic impact on

a substantial number of small entities

because they affect only Federal

agencies and employees.

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.

Lorraine A. Green,

Deputy Director.

Accordingly, OPM is amending 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.

Appendix B to Subpart B of Part 532

[Amended]

2. In appendix B to subpart B, the

listing for the State of New York is

amended by removing the entry for

Oneida and adding in alphabetical order

a new entry of Jefferson with a

beginning month of survey of ‘‘March’’

and a fiscal year of full-scale survey of

‘‘Even.’’

3. Appendix D to subpart B is

amended by removing the wage area list

for Oneida, New York, and by adding in

alphabetical order a new list for

Jefferson, New York, to read as follows:

Appendix D to Subpart B of Part 532—

Nonappropriated Fund Wage and

Survey Areas

* * * * *

New York

* * * * *

Jefferson Survey Area

New York

Jefferson

Area of Application. Survey Area Plus

New York

Albany

Oneida

Onondaga

Ontario

Schenectady

Steuben

* * * * *

[FR Doc. 96–13840 Filed 6–3–96; 8:45 am]

BILLING CODE 6325–01–M

5 CFR Part 532

RIN 3206–AH29

Prevailing Rate Systems; Abolishment

of Franklin, OH, Nonappropriated Fund

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 Franklin, OH,

nonappropriated fund (NAF) Federal

Wage System (FWS) wage area and

redefine the five counties having

continuing FWS employment as areas of

application to the Greene-Montgomery,

OH, NAF wage area for pay-setting

purposes. Those five counties include

three Ohio counties (Franklin, Licking,

and Ross) and two West Virginia

counties (Raleigh and Wayne). The

remaining Franklin wage area county

(Cabell) has no FWS employment and is

being deleted.

EFFECTIVE DATE: July 5, 1996.

FOR FURTHER INFORMATION CONTACT:

Paul Shields, (202) 606–2848.

SUPPLEMENTARY INFORMATION: On

January 31, 1996, OPM published an

interim rule to abolish the Franklin, OH,

nonappropriated fund (NAF) Federal

Wage System wage area and redefine the

five counties having continuing FWS

employment as areas of application to

the Green-Montgomery, OH, NAF wage

area for pay-setting purposes. Those five

counties include three Ohio counties

(Franklin, Licking, and Ross) and two

West Virginia counties (Raleigh and

Wayne). The remaining Franklin wage

area county (Cabell) has no FWS

employment and is being deleted. The

interim rule provided a 30-day period

for public comment. OPM received no

comments during the comment period.

Therefore, the interim rule is being

adopted as a final rule.

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 affect only Federal

agencies and employees.
Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Rules and Regulations 27997

List of Subjects in 5 CFR Part 532

Administrative practice and

procedure, Freedom of information,

Government employees, Reporting and

recordkeeping requirements, Wages.

Accordingly, under the authority of 5

U.S.C. 5343, the interim rule amending

5 CFR part 532 published on January 31,

1996 (61 FR 3175), is adopted as final

without any changes.

Office of Personnel Management.

Lorraine A. Green,

Deputy Director.

[FR Doc. 96–13839 Filed 6–3–96; 8:45 am]

BILLING CODE 6325–01–M

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 29

[Docket No. TB–95–18]

Tobacco Inspection; Growers’

Referendum Results

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This document contains the

determination with respect to the

referendum on the merger of Sanford

and Carthage-Aberdeen, North Carolina,

to become the consolidated market of

Sanford-Carthage-Aberdeen. A mail

referendum was conducted during the

period of April 15–19, 1996, among

tobacco growers who sold tobacco on

these markets in 1995 to determine

producer approval/disapproval of the

designation of these markets as one

consolidated market. Growers approved

the merger. Therefore, for the 1996 and

succeeding flue-cured marketing

seasons, the Sanford and CarthageAberdeen, North Carolina, tobacco

markets shall be designated as and

called Sanford-Carthage-Aberdeen. The

regulations are amended to reflect this

new designated market.

EFFECTIVE DATE: July 5, 1995.

FOR FURTHER INFORMATION CONTACT:

Rebecca Fial, Assistant to the Director,

Tobacco Division, Agricultural

Marketing Service, United States

Department of Agriculture, P.O. Box

96456, Washington, DC 20090–6456;

telephone number (202) 260–0151.

SUPPLEMENTARY INFORMATION: A notice

was published in the March 18, 1996,

issue of the Federal Register (61 FR,

10903) announcing that a referendum

would be conducted among active fluecured producers who sold tobacco on

either Sanford or Carthage-Aberdeen,

during the 1995 season to ascertain if

such producers favored the

consolidation.

The notice of referendum announced

the determination by the Secretary that

the consolidated market of SanfordCarthage-Aberdeen, North Carolina,

would be designated as a flue-cured

tobacco auction market and receive

mandatory Federal grading of tobacco

sold at auction for the 1996 and

succeeding seasons, subject to the

results of the referendum. The

determination was based on the

evidence and arguments presented at a

public hearing held in Sanford, North

Carolina, on November 7, 1995,

pursuant to applicable provisions of the

regulations issued under the Tobacco

Inspection Act, as amended. The

referendum was held in accordance

with the provisions of the Tobacco

Inspection Act, as amended (7 U.S.C.

511d) and the regulations set forth in 7

CFR 29.74.

Ballots for the April 15–19

referendum were mailed to 622

producers. Approval required votes in

favor of the proposal by two-thirds of

the eligible voters who cast valid

ballots. The Department received a total

of 156 responses: 127 eligible producers

voted in favor of the consolidation; 27

eligible producers voted against the

consolidation; and 2 ballots were

determined to be invalid.

The Department of Agriculture is

issuing this rule in conformance with

Executive Order 12866.

This final rule has been reviewed

under Executive Order 12788, Civil

Justice Reform. This action is not

intended to have retroactive effect. The

final rule will not preempt any State or

local laws, regulations, or policies,

unless they present an irreconcilable

conflict with this rule. There are no

administrative procedures which must

be exhausted prior to any judicial

challenge to the provisions of this rule.

Additionally, in conformance with

the provisions of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.), full

consideration has been given to the

potential economic impact upon small

business. Most tobacco producers and

many tobacco warehouses are small

businesses as defined in the Regulatory

Flexibility Act. This action will not

substantially affect the normal

movement of the commodity in the

marketplace. It has been determined

that this action will not have a

significant impact on a substantial

number of small entities.

List of Subjects in 7 CFR Part 29

Administrative Practices and

Procedures, Advisory Committees,

Government Publications, Imports,

Pesticides and Pests, Reporting and

Recordkeeping Procedures, Tobacco.

For the reasons set forth in the

preamble, 7 CFR Part 29, Subpart D, is

amended as follows:

Subpart D—Order of Designation of

Tobacco Markets

1. The authority citation for 7 CFR

Part 29, Subpart D, continues to read as

follows:

Authority: Sec. 5, 49 Stat. 732, as amended

by Sec. 157(a)(1), 95 Stat. 374 (7 U.S.C.

511d).

2. In Section 29.8001, the table is

amended by adding a new entry (hhh)

to read as follows:

Territory Types of tobacco Auction markets Order of designation Citation

* * * * * * *

(hhh) North Carolina ........................................... flue-cured ........... ............................................ Sanford-Carthage-Aberdeen.July 5, 1996.