[Federal Register Volume 73, Number 195 (Tuesday, October 7, 2008)]
[Proposed Rules]
[Pages 58506-58507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23725]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / 
Proposed Rules

[[Page 58506]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AL71


Prevailing Rate Systems; Redefinition of the Buffalo, NY, and 
Pittsburgh, PA, Appropriated Fund Federal Wage System Wage Areas

AGENCY: U.S. Office of Personnel Management.

ACTION: Proposed rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The U.S. Office of Personnel Management is issuing a proposed 
rule that would redefine the geographic boundaries of the Buffalo, NY, 
and Pittsburgh, PA, appropriated fund Federal Wage System (FWS) wage 
areas. The proposed rule would redefine McKean and Warren Counties, PA, 
and the Allegheny National Forest portions of Elk and Forest Counties, 
PA, from the Pittsburgh wage area to the Buffalo wage area. These 
changes are based on a recent consensus recommendation of the Federal 
Prevailing Rate Advisory Committee to best match the counties proposed 
for redefinition to a nearby FWS survey area. No other changes are 
proposed for the Buffalo or Pittsburgh FWS wage areas.

DATES: We must receive comments on or before November 6, 2008.

ADDRESSES: Send or deliver comments to Charles D. Grimes III, Deputy 
Associate Director for Performance and Pay Systems, Strategic Human 
Resources Policy Division, U.S. Office of Personnel Management, Room 
7H31, 1900 E Street, NW., Washington, DC 20415-8200; e-mail <a href="/cdn-cgi/l/email-protection#c0b0a1b9edb0a5b2a6afb2ada1aea3a5edb0afaca9a3b980afb0adeea7afb6"><span class="__cf_email__" data-cfemail="5b2b3a22762b3e293d3429363a35383e762b34373238221b342b36753c342d">[email protected]</span></a>; or FAX: (202) 606-4264.

FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, (202) 606-2838; e-
mail <a href="/cdn-cgi/l/email-protection#ccbcadb5e1bca9beaaa3bea1ada2afa9e1bca3a0a5afb58ca3bca1e2aba3ba"><span class="__cf_email__" data-cfemail="a1d1c0d88cd1c4d3c7ced3ccc0cfc2c48cd1cecdc8c2d8e1ced1cc8fc6ced7">[email protected]</span></a>; or FAX: (202) 606-4264.

SUPPLEMENTARY INFORMATION: The U.S. Office of Personnel Management 
(OPM) is proposing to redefine the Buffalo, NY, and Pittsburgh, PA, 
appropriated fund Federal Wage System (FWS) wage areas. This proposed 
rule would redefine McKean and Warren Counties, PA, and the Allegheny 
National Forest portions of Elk and Forest Counties, PA, from the 
Pittsburgh wage area to the Buffalo wage area.
    OPM considers the following regulatory criteria under 5 CFR 532.211 
when defining FWS wage area boundaries:
    (i) Distance, transportation facilities, and geographic features;
    (ii) Commuting patterns; and
    (iii) Similarities in overall population, employment, and the kinds 
and sizes of private industrial establishments.
    Elk, Forest, McKean, and Warren Counties are currently area of 
application counties in the Pittsburgh FWS wage area. Located in the 
northwestern section of the State of Pennsylvania, Elk, Forest, McKean, 
and Warren Counties include portions of the Allegheny National Forest.
    Based on our analysis of the regulatory criteria for defining 
appropriated fund FWS wage areas, we find that McKean and Warren 
Counties would be more appropriately defined as part of the Buffalo 
area of application. The distance criterion is the major factor in our 
determination. McKean and Warren Counties are closer to the Buffalo 
survey area than to the Pittsburgh survey area. McKean County is 
approximately 157 km (98 miles) from Buffalo and 277 km (172 miles) 
from Pittsburgh. Warren County is approximately 153 km (95 miles) from 
Buffalo and 257 km (160 miles) from Pittsburgh. We reviewed the other 
criteria, but they did not favor one wage area more than another.
    Analysis of OPM's regulatory criteria for Elk and Forest Counties 
does not show a clear indication that Elk and Forest Counties should be 
placed in a different FWS wage area. However, the southern part of the 
Allegheny National Forest is located in portions of Elk and Forest 
Counties. Since part of the Forest would therefore fall within the 
boundaries of two separate wage areas, we also propose that the 
Allegheny National Forest portions of Elk and Forest Counties be 
redefined to the Buffalo area of application. This would continue to 
place the Allegheny National Forest in a single wage area and would 
provide equal pay treatment for FWS employees with employment locations 
in the Forest. The remaining portion of Elk and Forest Counties would 
continue to be part of the Pittsburgh wage area. We believe the mixed 
nature of our regulatory analysis findings indicates that the remaining 
employment locations in Elk and Forest Counties remain appropriately 
defined to the Pittsburgh wage area.
    The Federal Prevailing Rate Advisory Committee (FPRAC), the 
national labor-management committee responsible for advising OPM on 
matters concerning the pay of FWS employees, recommended these changes 
by consensus. FPRAC recommended no other changes in the geographic 
definitions of the Buffalo and Pittsburgh wage areas. The affected 
employees in Elk, Forest, McKean, and Warren Counties would be placed 
on the wage schedule for the Buffalo wage area on the first day of the 
first applicable pay period beginning on or after 30 days following 
publication of the final regulations.

Regulatory Flexibility Act

    I certify that these regulations would not have a significant 
economic impact on a substantial number of small entities because they 
would 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.

U.S. Office of Personnel Management.
Michael W. Hager,
Acting Director.
    Accordingly, the U.S. Office of Personnel Management is proposing 
to amend 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; Sec.  532.707 also issued under 
5 U.S.C. 552.

    2. In appendix C to subpart B, the wage area listing for the State 
of New York is amended by revising the listing for Buffalo; and for the 
State of Pennsylvania, by revising the listing for Pittsburgh, to read 
as follows:

[[Page 58507]]

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

* * * * *

NEW YORK

* * * * *

Buffalo

Survey Area

New York:
    Erie
    Niagara

Area of Application. Survey area plus:

New York:
    Cattaraugus
    Chautauqua
Pennsylvania:
    Elk (Only includes the Allegheny National Forest portion)
    Forest (Only includes the Allegheny National Forest portion)
    McKean
    Warren
* * * * *

PENNSYLVANIA

* * * * *

Pittsburgh

Survey Area

Pennsylvania:
    Allegheny
    Beaver
    Butler
    Washington
    Westmoreland

Area of Application. Survey area plus:

Pennsylvania:
    Armstrong
    Bedford
    Blair
    Cambria
    Cameron
    Centre
    Clarion
    Clearfield
    Clinton
    Crawford
    Elk (Does not include the Allegheny National Forest portion)
    Erie
    Fayette
    Forest (Does not include the Allegheny National Forest portion)
    Greene
    Huntingdon
    Indiana
    Jefferson
    Lawrence
    Mercer
    Potter
    Somerset
    Venango
Ohio:
    Belmont
    Carroll
    Harrison
    Jefferson
    Tuscarawas
West Virginia:
    Brooke
    Hancock
    Marshall
    Ohio
* * * * *

[FR Doc. E8-23725 Filed 10-6-08; 8:45 am]
BILLING CODE 6325-39-P


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