[Federal Register: August 22, 2005 (Volume 70, Number 161)]
[Proposed Rules]
[Page 48899-48900]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au05-26]
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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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[[Page 48899]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 532
RIN 3206-AK91
Prevailing Rate Systems; Redefinition of the Adams-Denver, CO;
Nonappropriated Fund Wage Area
AGENCY: Office of Personnel Management.
ACTION: Proposed rule with request for comments.
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SUMMARY: The Office of Personnel Management is issuing a proposed rule
that would remove Adams County, CO, from the Adams-Denver, CO, Federal
Wage System (FWS) nonappropriated fund (NAF) wage area and redefine
Arapahoe County, CO, from the area of application to the survey area.
In addition, we propose to change the name of the Adams-Denver FWS NAF
wage area to Arapahoe-Denver. These changes are necessary because the
closure of Fitzsimons Army Medical Center in Adams County left the
Adams-Denver survey area without a host activity to conduct local NAF
wage surveys.
DATES: We must receive comments on or before September 21, 2005.
ADDRESSES: Send or deliver comments to Donald J. Winstead, Deputy
Associate Director for Pay and Performance Policy, Strategic Human
Resources Policy Division, Office of Personnel Management, Room 7H31,
1900 E Street, NW., Washington, DC 20415-8200; e-mail
pay-performance-policy@opm.gov; or fax: (202) 606-4264.
FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, (202) 606-2838; e-
mail pay-performance-policy@opm.gov; or fax: (202) 606-4264.
SUPPLEMENTARY INFORMATION: The Adams-Denver, CO, Federal Wage System
(FWS) nonappropriated fund (NAF) wage area is presently composed of two
survey area counties, Adams and Denver Counties, CO, and two area of
application counties, Arapahoe and Mesa Counties, CO. The Department of
Defense (DOD) requested that the Office of Personnel Management (OPM)
remove Adams County from the wage area, redefine Arapahoe County as
part of the survey area, and change the Adams-Denver wage area's name
to Arapahoe-Denver. These changes are necessary because the closure of
Fitzsimons Army Medical Center in Adams County left the Adams-Denver
survey area without an activity having the capability to conduct a
local wage survey.
The closure of Fitzsimons Army Medical Center left Adams County
with no FWS NAF employment. Under 5 U.S.C. 5343(a)(1)(B)(i), NAF wage
areas ``shall not extend beyond the immediate locality in which the
particular prevailing rate employees are employed.'' Therefore, Adams
County should not be defined as part of an NAF wage area.
Under 5 CFR 532.219, OPM may establish an NAF wage area when a
minimum of 26 NAF wage employees are employed in a survey area, a local
activity has the capability to host annual local wage surveys, and
sufficient private employment exists within the survey area to provide
adequate data for establishing an NAF wage schedule. While the
remaining survey county, Denver County, has the overall population and
private industry employment to support a survey, it does not have
sufficient FWS NAF employment to qualify as a survey area or an
activity with the capability to host annual local wage surveys.
Therefore, Denver County cannot be defined as the sole survey county
for the wage area.
After the closure of Fitzsimons Army Medical Center, the Army and
Air Force Exchange Service (AAFES) Denver Exchange was relocated to
Buckley Air Force Base (AFB) in Arapahoe County. There are 37 FWS NAF
employees working in Arapahoe County, and Buckley AFB has the
capability to conduct a local wage survey. DOD has requested that
Arapahoe County be defined as part of the survey area. By adding
Arapahoe County to the survey area, the wage area continues to meet
OPM's regulatory criteria to be a separate NAF wage area. There are
about 58 FWS NAF employees working in the survey area, and the area has
a local activity, Buckley AFB, with the capability to conduct a local
wage survey. Arapahoe and Denver Counties also meet the regulatory
requirement of having a minimum of 1,800 private enterprise employees
in establishments within the survey specifications. The name of the
wage area would be Arapahoe-Denver, CO. The Arapahoe-Denver wage area
would consist of two survey counties, Arapahoe and Denver Counties, CO,
and one area of application county, Mesa County, CO.
These changes would be effective for the next full-scale wage
survey in the Arapahoe-Denver wage area, which is scheduled to begin in
January 2006.
The Federal Prevailing Rate Advisory Committee (FPRAC), the
national labor-management committee that advises OPM on FWS pay
matters, reviewed and recommended these changes by consensus.
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.
Office of Personnel Management.
Linda M. Springer,
Director.
Accordingly, the Office of Personnel Management proposes 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 D to subpart B, the wage area listing for the State
of Colorado is amended by revising the listing for Adams-Denver to read
as follows:
Appendix D to Subpart B of Part 532--Appropriated Fund Wage and Survey
Areas
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[[Page 48900]]
COLORADO
Arapahoe-Denver
Survey Area
Colorado:
Arapahoe
Denver
Area of Application. Survey area plus:
Colorado:
Mesa
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[FR Doc. 05-16593 Filed 8-19-05; 8:45 am]
BILLING CODE 6325-39-P