<PRE>
[Federal Register: August 1, 2002 (Volume 67, Number 148)]
[Rules and Regulations]               
[Page 49855-49856]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01au02-2]                         

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

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AJ35

 
Prevailing Rate Systems; Definition of San Joaquin County, 
California, as a Nonappropriated Fund Wage Area

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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

SUMMARY: The Office of Personnel Management is issuing a final rule 
that establishes San Joaquin County, California, as a new 
nonappropriated fund Federal Wage System (FWS) wage area. This change 
is necessary because the Army and Air Force Exchange Service built a 
new distribution facility in the county, which now employs many FWS 
workers.

Effective Date: This regulation is effective on September 3, 2002.

FOR FURTHER INFORMATION CONTACT: Chenty I. Carpenter, (202) 606-2848, 
FAX: (202) 606-4264, or e-mail <A HREF="mailto:cicarpen@opm.gov">cicarpen@opm.gov</A>.

SUPPLEMENTARY INFORMATION: On January 23, 2002, the Office of Personnel 
Management (OPM) published an interim rule (67 FR 3035) that defined 
San Joaquin County, California, as a new nanappropriated fund (NAF) 
Federal Wage System (FWS) wage area. The interim rule had a 30-day 
public comment period, during which OPM did not receive any comments. 
San Joaquin County was defined as an area of application to the 
Sacramento, CA, NAF FWS wage area. San Joaquin County will be defined 
as a separate wage area because the Army and Air Force Exchange Service 
built a new distribution facility, with about 450 NAF FWS employees, in 
the county. Under 5 U.S.C 5343(a), NAF FWS wage area boundaries may not 
extend beyond the immediate locality where NAF employees work. OPM may 
establish a NAF wage area under 5 CFR 532.219 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 5 CFR 532.219, there

[[Page 49856]]

must be a minimum of 1,800 private enterprise employees in 
establishments within the scope of a 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 Department of Defense conducted the first full-scale wage 
survey in the San Joaquin wage area in February 2002. NAF FWS employees 
in San Joaquin County were 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 first new wage schedule 
for the wage area. The Federal Prevailing Rate Advisory Committee, the 
national labor-management committee that advises OPM on FWS pay 
matters, recommended these changes by consensus.

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.

    Accordingly, under the authority of 5 U.S.C 5343, the interim rule 
(67 FR 3035) amending 5 CFR part 532 published on January 23, 2002, is 
adopted as final with no changes.

Office of Personnel Management.
Kay Coles James,
Director.
[FR Doc. 02-19462 Filed 7-31-02; 8:45 am]
BILLING CODE 6325-39-P

</PRE>