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. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

27995

Vol. 61, No. 108

Tuesday, June 4, 1996

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Part 532

RIN 3206–AH22

Prevailing Rate Systems; Abolishment

of Philadelphia, PA, 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 Philadelphia, PA,

nonappropriated fund (NAF) Federal

Wage System (FWS) wage area and

redefine the five counties having

continuing FWS employment as areas of

application to nearby NAF wage areas

for pay-setting purposes.

EFFECTIVE DATE: July 5, 1996.

FOR FURTHER INFORMATION CONTACT:

Paul Shields, (202) 606–2848.

SUPPLEMENTARY INFORMATION: On

November 14, 1995, OPM published an

interim rule to abolish the Philadelphia,

PA, nonappropriated fund (NAF)

Federal Wage System wage area and

redefine the five counties having

continuing FWS employment as areas of

application to nearby NAF wage areas

for pay-setting purposes. Philadelphia

County and Chester County, PA, are

being redefined to the Montgomery, PA,

wage area. New Castle County, DE; Cape

May, NJ; and Salem County, NJ, are

being redefined to the Burlington, NJ,

wage area. The remaining Philadelphia

wage area counties (Camden and

Cloucester, NJ) have no FWS employees

and are being deleted. The interim rule

provided a 30-day period for public

comment. OPM received one comment

during the comment period suggesting

that the Montgomery, PA, survey area be

expanded to include Philadelphia

County or that a differential be paid to

workers employed in Philadelphia

County. After another detailed review,

OPM found that it would not be feasible

for the Montgomery County survey host

activity to support a survey expanded to

include an additional large urban area

like Philadelphia County. Hence, OPM

concurs with the findings of FPRAC and

does not agree that the Montgomery

survey area should be expanded.

Regarding the suggestion of a

differential, OPM has provided directly

to the sender of the suggestion guidance

on how agencies may request wage

flexibilities under current regulations

for special rates, special schedules, and

increased minimum rates to counter

recruitment or retention difficulties.

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.

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 November

14, 1995 (60 FR 57145), is adopted as

final without any changes.

Office of Personnel Management.

Lorraine A. Green,

Deputy Director.

[FR Doc. 96–13842 Filed 6–3–96; 8:45 am]

BILLING CODE 6325–01–M

5 CFR Part 532

RIN 3206–AH41

Prevailing Rate Systems; Redefinition

of Oneida, NY, Nonappropriated Fund

Wage Area

AGENCY: Office of Personnel

Management.

ACTION: Interim rule with request for

comments.

SUMMARY: The Office of Personnel

Management (OPM) is issuing an

interim rule to abolish the Oneida, NY,

nonappropriated fund (NAF) Federal

Wage System (FWS) wage area and to

establish a new Jefferson, NY, NAF

wage area with a survey area consisting

of Jefferson County—currently an

unsurveyed county in the Oneida wage

area. The Oneida wage area is presently

composed of one survey area county

(Oneida) and nine area of application

counties (Albany, Clinton, Jefferson,

Onondaga, Ontario, Schenectady,

Saratoga, Seneca, and Steuben). After

this change, a new wage area, Jefferson,

NY, will include seven of these

counties, with Jefferson designated as

the survey area and Albany, Oneida,

Onondaga, Ontario, Schenectady, and

Steuben designated as areas of

application. Clinton, Saratoga, and

Seneca, which have no FWS employees,

will be deleted.

DATES: This interim rule becomes

effective on June 6, 1996. Comments

must be received by July 5, 1996.

Employees currently paid rates from the

Oneida, NY, NAF wage schedule will

continue to be paid from that schedule

until their conversion to the Jefferson,

NY, NAF wage schedule on May 16,

1996.

ADDRESSES: Send or deliver comments

to Donald J. Winstead, Assistant

Director for Compensation Policy,

Human Resources Systems Service,

Office of Personnel Management, Room

6H31, 1900 E Street NW., Washington,

DC 20415, or FAX: (202) 606–2394.

FOR FURTHER INFORMATION CONTACT: Paul

Shields, (202) 606–2848.

SUPPLEMENTARY INFORMATION: Because

the closing of the Oneida, NY,

nonappropriated fund (NAF) wage area

host activity, Griffiss Air Force Base, left

Oneida County without an activity

having the capability to conduct a wage

survey, the Department of Defense

requested that the Oneida wage area be

abolished and that a new Jefferson, NY,

NAF wage area be established with a

survey area consisting of Jefferson

County—currently an unsurveyed

county in the Oneida wage area. The

Oneida wage area is presently composed

of one survey area county (Oneida) and

nine area of application counties

(Albany, Clinton, Jefferson, Onondaga,

Ontario, Schenectady, Saratoga, Seneca,

and Steuben).

The new wage area being established

by this interim rule, Jefferson, NY, will

include seven of these counties, with

Jefferson designated as the survey area

and Albany, Oneida, Onondaga,

Ontario, Schenectady, and Steuben
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.