<PRE>
[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]                         


========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


[[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.

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

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 <A HREF="mailto:wtbeacha@opm.gov">wtbeacha@opm.gov</A>.

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

* * * * *

[[Page 3036]]

CALIFORNIA

* * * * *

SAN JOAQUIN

Survey area

California:
    San Joaquin
    Area of Application. Survey area.
* * * * *
[FR Doc. 02-1605 Filed 1-22-02; 8:45 am]
BILLING CODE 6325-39-U

</PRE>