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.

Proposed Rules Federal Register

58506 

Vol. 73, No. 195 

Tuesday, October 7, 2008 

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 pay-performancepolicy@opm.gov; or FAX: (202) 606– 

4264. 

FOR FURTHER INFORMATION CONTACT: 

Madeline Gonzalez, (202) 606–2838; email pay-performance-policy@opm.gov; 

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 labormanagement 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; § 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: 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Proposed Rules 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1005; Directorate 

Identifier 2008–NM–119–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–120, –120ER, 

–120FC, –120QC, and –120RT 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

It was found one occurrence of a fuel 

booster pump circuit br[e]aker opening 

during an engine maintenance servicing. An 

inspection inside the fuel tank revealed the 

fuel booster pump[’]s electrical harness 

chafing against its body, causing the loss of 

the electrical wiring protection and resulting 

in a short circuit. Further in-tank inspections 

have showed other fuel booster pump 

electrical harnesses chafing either with the 

pump body and/or with adjacent fuel lines, 

causing damage to the harness protective 

layers and resulting * * * [in a] possible 

ignition source inside the fuel tank. 

* * * * * 

The proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by November 6, 2008. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Sanjay Ralhan, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1405; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2008–1005; Directorate Identifier 

2008–NM–119–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The Ageˆncia Nacional de Aviac ̧a ̃o 

Civil (ANAC), which is the aviation 

authority for Brazil, has issued Brazilian 

Airworthiness Directive 2008–05–01, 

effective June 13, 2008 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

It was found one occurrence of a fuel 

booster pump circuit br[e]aker opening 

during an engine maintenance servicing. An 

inspection inside the fuel tank revealed the 

fuel booster pump[’]s electrical harness 


pwalker on PROD1PC71 with PROPOSALS