[Federal Register: January 23, 2002 (Volume 67, Number 15)]
[Rules and Regulations]
[Page 3035-3036]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ja02-1]
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Rules and Regulations
Federal Register
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to and codified in the Code of Federal Regulations, which is published
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[[Page 3035]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 532
RIN 3206-AJ35
Prevailing Rate Systems; Definition of San Joaquin County, CA, as
a Nonappropriated Fund Wage Area
AGENCY: Office of Personnel Management.
ACTION: Interim rule with request for comments.
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SUMMARY: The Office of Personnel Management (OPM) is issuing an interim
rule that will define San Joaquin County, California, as a new
nonappropriated fund (NAF) Federal Wage System (FWS) wage area. San
Joaquin County is currently in the Sacramento, California, NAF FWS wage
area. This change is necessary because the Army and Air Force Exchange
Service built a new distribution facility in San Joaquin County that
now has a large number of NAF FWS employees.
DATES: Effective Date: This interim rule is effective on January 23,
2002. Applicability Date: Agencies will place NAF FWS employees in San
Joaquin County on the new San Joaquin wage schedule on the first day of
the first applicable pay period beginning on or after April 13, 2002.
Comments must be received by February 22, 2002.
ADDRESSES: Send or deliver comments to Donald J. Winstead, Assistant
Director for Compensation Administration, Workforce Compensation and
Performance Service, Office of Personnel Management, Room 7H31, 1900 E
Street NW., Washington, DC 20415-8200, or FAX: (202) 606-4264.
FOR FURTHER INFORMATION CONTACT: William T. Beacham, (202) 606-2848,
FAX: (202) 606-4264, or email wtbeacha@opm.gov.
SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) is
defining San Joaquin County, California, as a new nonappropriated fund
(NAF) Federal Wage System (FWS) wage area. San Joaquin County is
currently defined as an area of application to the Sacramento, CA, NAF
FWS wage area. The Army and Air Force Exchange Service (AAFES) built a
new distribution facility, which has about 450 NAF FWS employees. Under
section 5343(a) of title 5, United States Code, NAF FWS wage area
boundaries may not extend beyond the immediate locality where NAF
employees work. OPM may establish an NAF wage area under Sec. 532.219
of title 5, Code of Federal Regulations, when there is a minimum of 26
NAF wage employees in a survey area and there is sufficient private
employment within the survey area to provide adequate data for
establishing an NAF wage schedule.
San Joaquin County meets the regulatory criteria to be a separate
NAF wage area. Under Sec. 532.219, there must be a minimum of 1,800
private enterprise employees in establishments within the scope of an
NAF survey for a separate wage area to be established. San Joaquin
County has more than 139,000 private enterprise employees in surveyable
establishments.
The Sacramento NAF wage area continues to meet the criteria under 5
CFR 532.219 to remain a separate NAF FWS wage area. No other counties
in the Sacramento NAF FWS wage area are affected by the removal of San
Joaquin County from the Sacramento wage area. The Federal Prevailing
Rate Advisory Committee, the national labor-management committee
responsible for advising OPM on matters concerning the pay of FWS
employees, recommended this change by consensus. The first local wage
survey for the new San Joaquin wage area will begin in February 2002.
NAF FWS employees in San Joaquin County will be placed on the new San
Joaquin wage schedule on the first day of the first applicable pay
period beginning on or after April 13, 2002, the effective date of the
new wage schedule.
Waiver of Notice of Proposed Rulemaking
Pursuant to section 553(b)(3)(B) of title 5, United States Code, I
find that good cause exists for waiving the general notice of proposed
rulemaking. The notice is being waived because it is necessary to
define San Joaquin County, CA, to an NAF wage area as soon as possible
to set pay for NAF FWS employees in San Joaquin County on the basis of
local prevailing rates.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because it 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.
Office of Personnel Management.
Kay Coles James,
Director.
Accordingly, the Office of Personnel Management 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; Sec. 532.707 also issued under 5
U.S.C. 552.
Appendix B to Subart B of Part 532--Nationwide Schedule of
Nonappropriated Fund Regular Wage Surveys [Amended]
2. Appendix B to subpart B is amended by adding under the State of
California, after San Francisco, ``San Joaquin'' to the wage area
listing, with the beginning month as ``February'' and the fiscal year
of full-scale survey as ``even.''
3. Appendix D to subpart B is amended by revising the wage area
listing for Sacramento, California, by removing ``San Joaquin'' from
the area of application and adding ``San Joaquin'' as a new
nonappropriated fund wage area, after ``San Francisco,'' to read as
follows:
Appendix D to Subpart B of Part 532--Nonappropriated Fund Wage and
Survey Areas
* * * * *
DEFINITIONS OF WAGE AND WAGE SURVEY AREAS
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[[Page 3036]]
CALIFORNIA
* * * * *
SAN JOAQUIN
Survey area
California:
San Joaquin
Area of Application. Survey area.
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[FR Doc. 02-1605 Filed 1-22-02; 8:45 am]
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