[Federal Register: April 22, 2003 (Volume 68, Number 77)]
[Rules and Regulations]
[Page 19707-19708]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap03-1]
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Rules and Regulations
Federal Register
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 531
RIN 3206-AJ62
Locality Pay Areas
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management is issuing final
regulations on behalf of the President's Pay Agent to tie the
metropolitan area portion of locality pay area boundaries to the
geographic scope of Metropolitan Statistical Area and Consolidated
Metropolitan Statistical Area definitions that are contained in the
attachments to Office of Management and Budget Bulletin 99-04.
EFFECTIVE DATE: These regulations will become effective on May 22,
2003.
FOR FURTHER INFORMATION CONTACT: Allan Hearne, (202) 606-2838; FAX:
(202) 606-4264; e-mail: payleave@opm.gov.
SUPPLEMENTARY INFORMATION: Section 5304(f) of title 5, United States
Code, authorizes the President's Pay Agent (the Secretary of Labor, the
Director of the Office of Management and Budget (OMB), and the Director
of the Office of Personnel Management (OPM)) to determine appropriate
pay localities. The Pay Agent must give thorough consideration to the
views and recommendations of the Federal Salary Council, a body
composed of experts in the fields of labor relations and pay policy and
representatives of Federal employee organizations. The President
appoints the members of the Federal Salary Council, who submit annual
recommendations to the President's Pay Agent about the locality pay
program for General Schedule employees. The establishment or
modification of locality pay area boundaries must conform with the
notice and comment provisions of the Administrative Procedure Act (5
U.S.C. 553).
Based on the Council's recommendations in 1993, the Pay Agent
approved using Metropolitan Statistical Area (MSA) and Consolidated
Metropolitan Statistical Area (CMSA) definitions as the basis for
defining locality pay areas. OMB defines MSAs and CMSAs based on
population size, population density, and commuting patterns. The
Council also recommended and the Pay Agent approved criteria for adding
adjoining areas to locality pay areas that are not already part of the
MSA or CMSA as defined by OMB. Under our current regulations, the
metropolitan area portion of locality pay areas changes automatically
when OMB revises its metropolitan area definitions.
In October 2000, the Federal Salary Council recommended that the
Pay Agent revise the regulations to hold the current MSA or CMSA
portion of locality pay areas constant until the Pay Agent and the
Federal Salary Council have had an opportunity to review new
metropolitan area definitions and new commuting patterns and other data
from the 2000 census. OMB plans to revise its metropolitan area
definitions substantially in 2003 based on new census data and new
criteria. The Council also recommended that the Pay Agent continue to
monitor counties adjacent to locality pay areas during this period and
make minor adjustments in locality pay area boundaries if a
particularly egregious situation justifies such action.
Under the final rule, locality pay areas will no longer change
automatically if OMB changes metropolitan area definitions. The new
reference to the ``geographic scope'' of an MSA or CMSA is designed to
make certain that locality pay area boundaries are not affected by
county name changes or changes in the geographic boundaries of counties
within the original geographic scope of the MSA. Dade County, FL,
changed its name to Miami-Dade County, and the County of Broomfield,
CO, recently was created out of portions of Adams, Boulder, Jefferson,
and Weld Counties. All of these areas were already within the
geographic scope of the Miami or Denver CMSA, as listed in attachments
to OMB Bulletin 99-04, and remain covered by the existing locality pay
areas.
A full listing of locality pay areas is at http://opm.gov/oca/02tables/locdef.asp.
The change to hold constant the metropolitan area
portion of locality pay areas will have no effect on current locality
pay area boundaries or locality rates.
We received two comments on the proposal. One comment from a
Federal agency concurred with the proposed rule and the other comment
from a Federal employee was outside the scope of the proposal.
E.O. 12866, Regulatory Review
The Office of Management and Budget has reviewed this rule in
accordance with E.O. 12866.
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 apply only to Federal agencies and employees.
List of Subjects in 5 CFR Part 531
Government employees, Law enforcement officers, Wages.
Office of Personnel Management.
Kay Coles James,
Director.
Accordingly, OPM is amending 5 CFR part 531 as follows:
PART 531--PAY UNDER THE GENERAL SCHEDULE
0
1. The authority citation for Part 531 continues to read as follows:
Authority: 5 U.S.C. 5115, 5307, and 5338; sec. 4 of Pub. L. 103-
89, 107 Stat. 981; and E.O. 12748, 56 FR 4521, 3 CFR, 1991 Comp., p.
316;
Subpart B also issued under 5 U.S.C. 5303(g), 5333, 5334(a), and
7701(b)(2);
Subpart C also issued under 5 U.S.C. 5304, 5305, and 5553;
sections 302 and 404 of the Federal Employees Pay Comparability Act
of 1990 (FEPCA), Pub. L. 101-509, 104 Stat. 1462 and 1466; and
section 3(7) of Pub. L. 102-378, 106 Stat. 1356;
Subpart D also issued under 5 U.S.C. 5335(g) and 7701(b)(2);
Subpart E also issued under 5 U.S.C. 5336;
Subpart F also issued under 5 U.S.C. 5304, 5305(g)(1), and 5553;
E.O. 12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 682; and E.O. 13106,
63 FR 68151, 3 CFR, 1998 Comp., p. 224;
Subpart G also issued under 5 U.S.C. 5304, 5305, and 5553;
section 302 of FEPCA, Pub.
[[Page 19708]]
L. 101-509, 104 Stat. 1462; and E.O. 12786, 56 FR 67453, 3 CFR, 1991
Comp., p. 376.
Subpart F--Locality-Based Comparability Payments
0
2. In Sec. 531.602, the definitions of CMSA and MSA are revised to
read as follows:
Sec. 531.602 Definitions.
* * * * *
CMSA means the geographic scope of a Consolidated Metropolitan
Statistical Area, as defined by the Office of Management and Budget
(OMB) in List II of the attachments to OMB Bulletin 99-04.
* * * * *
MSA means the geographic scope of a Metropolitan Statistical Area,
as defined by the Office of Management and Budget (OMB) in List I of
the attachments to OMB Bulletin 99-04.
* * * * *
0
3. In Sec. 531.606, paragraph (g) is revised to read as follows:
Sec. 531.606 Administration of locality rates of pay.
* * * * *
(g) In the event of a change in the geographic coverage of a
locality pay area, the effective date of the change in an employee's
entitlement to a locality rate of pay under this subpart is the first
day of the first applicable pay period beginning on or after the date
on which the change in geographic coverage becomes effective.
* * * * *
[FR Doc. 03-9831 Filed 4-21-03; 8:45 am]
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