Prevailing Rate Systems; Aroostook, ME, NAF Wage Area

Federal RegisterJul 18, 1994

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SUMMARY: The Office of Personnel Management (OPM) is issuing an interim

regulation to abolish the Aroostook, Maine, nonappropriated fund (NAF)

Federal Wage System wage area and to redefine Aroostook and Washington

Counties, Maine, as areas of application to the Cumberland, Maine, NAF

wage area for pay-setting purposes. With the scheduled closing of

Loring Air Force Base (AFB) on September 30, 1994, and the current

downsizing of the Army and Air Force Exchange Service and Loring AFB

Morale, Welfare and Recreation Department, there will not be a

sufficient number of employees to conduct the wage change survey

scheduled for July 1994 or to meet the regulatory requirements for a

survey area.

DATES: This interim rule becomes effective on July 18, 1994. Comments

must be received by August 17, 1994.

ADDRESSES: Send or deliver comments to Donald J. Winstead, Acting

Assistant Director for Compensation Policy, Personnel Systems and

Oversight Group, U.S. Office of Personnel Management, Room 6H31, 1900 E

Street NW., Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT:

Angela Graham Humes, (202) 606-2848.

SUPPLEMENTARY INFORMATION: The Aroostook NAF wage area is composed of

two counties. Aroostook County is the survey area, and Washington

County is the area of application. The host activity, Loring AFB, is

scheduled to close on September 30, 1994. With the scheduled closing of

Loring AFB and the current downsizing of the Army and Air Force

Exchange Service and Loring AFB Morale, Welfare and Recreation

Department, there will not be a sufficient number of employees to

conduct the wage change survey scheduled for July 1994. The Department

of Defense projects that no more than 25 Federal Wage System (FWS)

employees will work in Aroostook County by September 30, 1994. Cutler

Radio Station, in Washington, Maine, the only other installation with

NAF employees in the wage area, has eight FWS employees and does not

have sufficient capability to serve as host installation. Because

neither county meets the minimum of 26 NAF employees required to

establish a wage area, Aroostook and Washington Counties must be

redefined as areas of application to an existing wage area.

The provisions of 5 CFR 532.219 list the following criteria for

consideration when two or more counties are to be combined to

constitute a single wage are:

(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. These

criteria are discussed below.

Loring AFB in Aroostook County and Cutler Radio Station in

Washington County are closest to the Cumberland, Maine, NAF wage area.

Loring AFB is approximately 461 kilometers (286 miles) and Cutler Radio

Station is approximately 298 kilometers (185 miles) from Brunswick

Naval Air Station, host installation and largest activity in the

Cumberland, Maine, NAF wage area. York, Maine (which was defined as a

wage area effective March 23, 1994, by an interim rule 59 FR 13641), is

the next closest NAF wage area. Portsmouth Naval Shipyard is the

largest activity and host installation in York, Maine, and is located

approximately 585 kilometers (363 miles) from Loring AFB and 415

kilometers (258 miles) from Cutler Radio Station.

Transportation facilities consist of interstate highways and

principal highways. The most direct route from Loring AFB and Cutler

Radio Station to Cumberland, Maine, and Brunswick Naval Air Station is

Interstate 95. Interstate 95 then continues to York, Maine, and

Portsmouth Naval Shipyard.

An analysis of the 1990 commuting patterns indicates that 37,392

workers live and work within Aroostook County. Aroostook County out-

commuters include 113 who commute to work in Washington County, 42 who

commute to Cumberland County, and none who commute to York County. The

1990 commuting patterns for Washington County indicate that 12,178

workers live and work within Washington County. Washington County out-

commuters include 54 who commute to work in Aroostook County, 11 who

commute to Cumberland County, and none who commute to York County.

In overall population, Aroostook (population 86,936) and Washington

(population 35,308) Counties are smaller than both York County

(population 164,587) and Cumberland County (243,135). In terms of

private industry employment in the major industry categories, Aroostook

(employment 2,402) and Washington (employment 599) Counties are again

smaller than both York County (employment 4,428) and Cumberland County

(employment 14,901). As with the employment criteria, the kinds and

sizes of private industry establishments in Aroostook and Washington

Counties more closely resemble those in York County but are smaller

than both Cumberland and York Counties. In summary, both proximity and

transportation facilities favor assigning Aroostook and Washington

Counties to the Cumberland, Maine, NAF wage area. Aroostook and

Washington Counties are more similar to, but substantially smaller

than, York County in terms of overall population, private employment in

major industry categories, and kinds and sizes of private industrial

establishments.

The Federal Prevailing Rate Advisory Committee reviewed this

request and recommended approval by consensus.

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 to avoid the expenditure of resources needed to

prepare for the July 1994 wage change survey of the Aroostook, Maine,

NAF wage area.

Regulatory Flexibility Act

I certify that these regulations will not have a significant

economic impact on a substantial number of small entities because they

will affect only Federal agencies and employees.

E.O. 12866 Regulatory Review

This rule has been reviewed by the Office of Management and Budget

in accordance with E.O. 12866.

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.

James B. King,

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 of Part 532, the listing for the

State of Maine is amended by removing the entry for Aroostook.

3. Appendix D to subpart B of Part 532 is amended by removing the

wage area list for Aroostook, Maine, and by revising the list for

Cumberland, Maine, to read as follows:

Appendix D to Subpart B of Part 532--Nonappropriated Fund Wage and

Survey Areas

* * * * *

Maine

Cumberland

Survey area

Maine:

Cumberland

Area of application: Survey area plus:

Maine:

Aroostook

Hancock

Kennebec

Knox

Penobscot

Sagadahoc

Washington

* * * * *

[FR Doc. 94-17307 Filed 7-15-94; 8:45 am]

BILLING CODE 6325-01-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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