[Federal Register: November 14, 2003 (Volume 68, Number 220)]
[Rules and Regulations]
[Page 64493-64494]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14no03-1]
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Rules and Regulations
Federal Register
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[[Page 64493]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 532
RIN 3206-AK26
Prevailing Rate Systems; Redefinition of the San Francisco, CA,
Nonappropriated Fund Wage Area
AGENCY: Office of Personnel Management.
ACTION: Interim rule with request for comments.
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SUMMARY: The Office of Personnel Management is issuing an interim
regulation to abolish the San Francisco, CA, Nonappropriated Fund (NAF)
Federal Wage System (FWS) wage area. This regulation redefines San
Francisco County to the Santa Clara, CA, NAF wage area as an area of
application. Because of downsizing associated with closures of Federal
installations in San Francisco, the San Francisco wage area no longer
has an installation with sufficient local personnel or financial
resources to conduct local NAF wage surveys.
DATES: This interim rule is effective on November 30, 2003. OPM must
receive comments by December 15, 2003.
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 payleave@OPM.gov,
or FAX: (202) 606-4264.
FOR FURTHER INFORMATION CONTACT: Mark Allen, (202) 606-2838;
e-mail maallen@opm.gov, or FAX: (202) 606-4264.
SUPPLEMENTARY INFORMATION: San Francisco, CA, is presently defined as a
separate wage area for pay-setting purposes for Federal blue-collar
workers who are paid from nonappropriated funds. The Department of
Defense (DOD) notified the Office of Personnel Management (OPM) earlier
this year that the Federal activity that hosts local wage surveys in
the San Francisco wage area, Fort Mason Officers' Club, has closed, and
there is no other NAF employer in the wage area capable of hosting
local wage surveys. San Francisco County no longer meets OPM's
regulatory criteria to be established as a separate wage area. Under 5
CFR 532.219, there must be at least 26 NAF FWS employees in a county
for it to be established as an FWS wage area. The only remaining NAF
employer in San Francisco County, the Department of Veterans Affairs
Canteen Service, has fewer than the required 26 NAF FWS employees.
Therefore, San Francisco County must be defined as an area of
application to an existing NAF wage area for pay-setting purposes.
OPM considers the following criteria when it combines two or more
counties to constitute a single wage area:
(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.
In selecting a wage area to which San Francisco County should be
redefined, proximity favors the Santa Clara, CA, NAF wage area. The
transportation facilities criterion does not favor one wage area more
than another. The commuting patterns criterion favors the Santa Clara
wage area. A review of the population, employment, and industry
criteria shows that San Francisco County is more similar to the Santa
Clara than other nearby wage areas. Based on these findings, OPM is
defining San Francisco County to the Santa Clara wage area as an area
of application.
OPM is abolishing the San Francisco wage area and defining San
Francisco County to the Santa Clara wage area effective November 30,
2003, the date that the next wage schedule for the San Francisco wage
area would have become effective if the wage area continued as a
separate wage area. Remaining NAF FWS employees in San Francisco County
will continue to be paid from the current San Francisco wage schedule
until November 30. After that date, the employees will be assigned to
the wage schedule for the Santa Clara wage area. The Federal Prevailing
Rate Advisory Committee, the national labor-management committee that
advises OPM on matters affecting the pay of FWS employees, reviewed and
recommended this wage area redefinition by majority vote.
Waiver of Notice of Proposed Rulemaking and Delayed Effective Date
Pursuant to section 553(b)(3)(B) and (d)(3) of title 5, United
States Code, I find that good cause exists for waiving the general
notice of proposed rulemaking to accommodate changes necessitated by
downsizing of the Federal workforce. The notice is being waived because
it is necessary to abolish the present San Francisco wage area and
redefine San Francisco County to the Santa Clara wage area as soon as
possible because no Federal activity has the capability to conduct a
local wage survey in the San Francisco wage area.
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.
0
Accordingly, the Office of Personnel Management is amending 5 CFR part
532 as follows:
PART 532--PREVAILING RATE SYSTEMS
0
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.
[[Page 64494]]
Appendix B to Subpart B of Part 532--Nationwide Schedule of
Nonappropriated Fund Regular Wage Surveys--[Amended]
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2. Appendix B to subpart B is amended by removing, under the State of
California, ``San Francisco.''
Appendix D to Subpart B of Part 532--[Amended]
0
3. Appendix D to subpart B is amended for the State of California by
removing the wage area listing for San Francisco, California, and
revising the wage area listing for Santa Clara, California, to read as
follows:
* * * * *
CALIFORNIA
* * * * *
SANTA CLARA
Survey Area
California:
Santa Clara
Area of application. Survey area plus:
California:
Alameda
Contra Costa
San Franciso
San Mateo
* * * * *
[FR Doc. 03-28466 Filed 11-13-03; 8:45 am]
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