[Federal Register: February 4, 2009 (Volume 74, Number 22)]
[Proposed Rules]
[Page 6003-6004]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04fe09-11]
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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 6003]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 532
RIN 3206-AL79
Prevailing Rate Systems; Redefinition of the Fresno and Stockton,
CA, Appropriated Fund Federal Wage System Wage Areas
AGENCY: U.S. Office of Personnel Management.
ACTION: Proposed rule with request for comments.
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SUMMARY: The U.S. Office of Personnel Management is issuing a proposed
rule that would redefine the geographic boundaries of the Fresno and
Stockton, CA, appropriated fund Federal Wage System (FWS) wage areas.
The proposed rule would redefine Mariposa and Merced Counties and the
Yosemite National Park portion of Madera and Tuolumne Counties, CA, to
the Stockton wage area. These changes are based on recent consensus
recommendations of the Federal Prevailing Rate Advisory Committee to
best match the counties proposed for redefinition to a nearby FWS
survey area.
DATES: We must receive comments on or before March 6, 2009.
ADDRESSES: Send or deliver comments to Charles D. Grimes III, Deputy
Associate Director for Performance and Pay Systems, Strategic Human
Resources Policy Division, U.S. 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 U.S. Office of Personnel Management
(OPM) is issuing a proposed rule to redefine the Fresno and Stockton,
CA, appropriated fund Federal Wage System (FWS) wage areas. This
proposed rule would redefine Mariposa and Merced Counties and the
Yosemite National Park portion of Madera and Tuolumne Counties, CA,
from the Fresno wage area to the Stockton wage area.
OPM considers the following regulatory criteria under 5 CFR 532.211
when defining FWS wage area boundaries:
(i) Distance, transportation facilities, and geographic features;
(ii) Commuting patterns; and
(iii) Similarities in overall population, employment, and the kinds
and sizes of private industrial establishments.
Mariposa County is currently defined to the Fresno area of
application. Based on our analysis of the regulatory criteria for
defining appropriated fund wage area boundaries, we find that Mariposa
County would be more appropriately defined as part of the Stockton area
of application. When measuring from cities, the distance criterion does
not favor one wage area more than another. When measuring from host
installations, the distance criterion favors the Stockton wage area.
The transportation facilities and geographic features criteria favor
the Stockton wage area more than the Fresno wage area. Information from
local employees indicates that at certain times roads from the south
are blocked due to floods or rockslides, while routes from the north
remain open. All other criteria are inconclusive. An additional factor
to weigh in the decision to redefine Mariposa County is that the
Department of the Interior (DOI) believes that recent economic
developments in the area indicate some linkage between Mariposa County
and the Stockton wage area.
Merced County is currently defined to the Fresno area of
application. Our analysis of the regulatory criteria indicates that
Merced County would be more appropriately defined as part of the
Stockton wage area. The distance criterion favors the Stockton wage
area more than the Fresno wage area. Merced County has a similar
distribution of surveyable employment to the Stockton survey area. All
other criteria are inconclusive. Although a standard review of
regulatory criteria shows that most factors are inconclusive, distance
does favor Stockton.
Tuolumne County, except for the Yosemite National Park portion, is
currently defined to the Stockton area of application. The distance
criterion for Tuolumne County favors the Stockton wage area more than
the Fresno wage area. All other criteria are inconclusive. We believe
that the mixed nature of our regulatory analysis findings indicate that
Tuolumne County is appropriately defined to the Stockton wage area. DOI
officials have requested that OPM consider redefining Yosemite National
Park to the Stockton wage area. Because we are proposing to redefine
Mariposa County to the Stockton wage area and because of the geographic
proximity of Tuolumne County to the Stockton wage area, we propose that
the portion of Tuolumne County occupied by Yosemite National Park be
part of the Stockton wage area. This change would place the entire
Tuolumne County in the Stockton wage area.
Madera County is currently defined to the Fresno area of
application. Our analysis of the regulatory criteria indicates that
Madera County is appropriately defined to the Fresno wage area. The
distance and commuting patterns criteria for Madera County favors the
Fresno wage area more than the Stockton wage area. However, DOI
officials have requested that OPM consider redefining Yosemite National
Park to the Stockton wage area. Because we are proposing that Mariposa
County and the Yosemite National Park portion of Tuolumne County be
redefined to the Stockton wage area and because we believe Yosemite
National Park should not be split between the Fresno and the Stockton
wage areas, we also propose that the portion of Madera County occupied
by Yosemite National Park be part of the Stockton wage area. The
remaining portion of Madera County would continue to be part of the
Fresno wage area. We believe the distance and commuting patterns
criteria indicate that the remaining locations in Madera County remain
appropriately defined to the Fresno wage area. The Devils Postpile
National Monument within Madera County would remain in the Reno, NV,
wage area.
The Federal Prevailing Rate Advisory Committee (FPRAC), the
national labor-management committee responsible for advising OPM on
matters concerning the pay of FWS employees, recommended these changes
by consensus. The affected employees in Mariposa and Merced Counties
and the Yosemite National Park portion of Madera and Tuolumne Counties
would
[[Page 6004]]
be placed on the wage schedule for the Stockton wage area on the first
day of the first applicable pay period beginning on or after 30 days
following publication of the final regulations.
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.
U.S. Office of Personnel Management.
Kathie Ann Whipple,
Acting Director.
Accordingly, the U.S. Office of Personnel Management is proposing
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 C to subpart B, the wage area listing for the State
of California is amended by revising the listings for Fresno and
Stockton, to read as follows:
Appendix C to Subpart B of Part 532--Appropriated Fund Wage and Survey
Areas
* * * * *
CALIFORNIA
Fresno
Survey Area
California:
Fresno
Kings
Tulare
Area of Application. Survey area plus:
California:
Kern (Does not include China Lake Naval Weapons Center, Edwards Air
Force Base, and portions occupied by Federal activities in Boron
(City).)
Madera (Does not include Devils Postpile National Monument and
Yosemite National Park portions.)
* * * * *
Stockton
Survey Area
California:
San Joaquin
Area of Application. Survey area plus:
California:
Calaveras
Madera (Only includes Yosemite National Park portion.)
Mariposa
Merced
Stanislaus
Tuolumne
* * * * *
[FR Doc. E9-2392 Filed 2-3-09; 8:45 am]
BILLING CODE 6325-39-P