[Federal Register: September 10, 1996 (Volume 61, Number 176)] [Rules and Regulations] [Page 47661-47662] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr10se96-1] ======================================================================== 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 47661]] OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 532 RIN 3206-AH60 Prevailing Rate Systems; Abolishment of Marion, IN, 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 interim regulations to abolish the Marion, IN, nonappropraited fund (NAF) Federal Wage System (FWS) wage area and redefine the six counties having continuing FWS employment as areas of application to nearby NAF wage areas for pay-setting purposes. DATES: This interim rule becomes effective on September 10, 1996. Comments must be received by October 10, 1996. Employees currently paid rates from the Marion, IN, NAF wage schedule will continue to be paid from that schedule until their conversion to the schedules of the wage areas to which their counties of employment are being redefined by this rule on December 13, 1996, the date that the next Marion, IN, wage schedule would have been effective. ADDRESSES: Send or deliver comments to Donald J. Winstead, Assistant Director for Compensation Policy, Human Resources Systems Service, Office of Personnel Management, Room 6H31, 1900 E Street NW., Washington, DC 20415, or FAX: (202) 606-0824. FOR FURTHER INFORMATION CONTACT: Frank Derby, (202) 606-2848. SUPPLEMENTARY INFORMATION: The Department of Defense recommended to OPM that the Marion, IN, FWS NAF wage area be abolished and that the six counties having continuing FWS employment be redefined as areas of application to nearby NAF wage areas. Marion County, Grant County, Miami County and Allen County, IN, are being redefined to the Greene- Montgomery, OH, wage area. Martin County, IN, is being redefined to the Hardin-Jefferson, KY, wage area, and Vermilion County, IL, is being redefined to the Lake, IL, wage area. This change is necessary because the pending closure of Ft. Benjamin Harrison leaves the Marion, IN, wage area without an activity having the capability to conduct a wage survey. As required in regulation, 5 CFR 532.219, the following criteria were considered in redefining these wage areas: (1) Proximity of largest activity in each county; (2) Transportation facilities and commuting patterns; and (3) Similarities of the counties in: (i) Overall population; (ii) Private employment in major industry categories; and (iii) Kinds and sizes of private industrial establishments. The Federal Prevailing Rate Advisory Committee reviewed this recommendation and by majority vote recommended approval. The Committee defeated the labor members' motion that the original management recommendation be amended to redefine Allen, Grant, and Miami Counties to the Lake, IL, wage area and thereby avoid placing an estimated two employees on pay retention. Allen, Grant, and Miami Counties have greater similarities to the Lake, IL, wage area in an overall population and employment comparison. However, the degree to which those factors favor Lake, IL, is not strong enough to be determinative given the significant distance of Allen and Grant Counties from Lake, IL, as well as the general homogeneity of the counties in their relationship to the Greene-Montgomery, OH, wage area. Differences in commuting patterns were found to be insignificant for all county redefinitions. The remaining factors favored the redefinition of Vermilion County to the Lake, IL, wage area. Martin County is far closer to the Hardin-Jefferson, KY, wage area than to the very distant Lake, IL, wage area, which offsets the greater similarities to the latter in employment and population. Similarly, Marion County is significantly closer to the Green-Montgomery, OH, wage area than to the Hardin-Jefferson, KY, wage area, which, on balance, offsets the employment and population numbers that favored the latter. Waiver of Notice of Proposed Rule Making and Delay in Effective Date Pursuant to 5 U.S.C. 553(b)(3)(B), I find that good cause exists for waiving the general notice of proposed rulemaking. Also, pursuant to section 553(d)(3) of title 5, United States Code, I find that good cause exists for making this rule effective in less than 30 days. The notice is being waived and the regulation is being made effective in less than 30 days so that preparations otherwise required for the October 1996 Marion, IN, NAF wage area survey may be canceled. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities because they 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. Lorraine A. Green, Deputy Director. Accordingly, OPM 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 Subpart B of Part 532 [Amended] 2. In appendix B to subpart B, the listing for the State of Indiana is amended by removing the entry for Marion. Appendix D to Subpart B of Part 532 [Amended] 3. Appendix D to subpart B is amended by removing the wage area listing for Marion, IN, and by revising the listings for Greene- Montgomery, OH; Hardin-Jefferson, KY; and Lake, IL, to read as follows: [[Page 47662]] Appendix D to Subpart B of Part 532--Nonappropriated Fund Wage and Survey Areas * * * * * Illinois Lake Survey Area Illinois: Lake Area of application. Survey area plus: Illinois: Cook Vermilion (Effective date December 13, 1996) Michigan: Dickinson Marquette Wisconsin: Dane Milwaukee * * * * * Kentucky * * * * * Hardin-Jefferson Survey Area Kentucky: Hardin Jefferson Area of application. Survey area plus: Indiana: Jefferson Martin (Effective date December 13, 1996) Kentucky: Fayette Madison Warren * * * * * Ohio * * * * * Greene-Montgomery Survey Area Ohio: Greene Montgomery Area of application. Survey area plus: Indiana: Allen (Effective date December 13, 1996) Grant (Effective date December 13, 1996) Marion (Effective date December 13, 1996) Miami (Effective date December 13, 1996) Ohio: Clinton Franklin Hamilton Licking Ross West Virginia: Raleigh Wayne * * * * * [FR Doc. 96-23041 Filed 9-9-96; 8:45 am] BILLING CODE 6325-01-M