Prevailing Rate Systems; Redefinition of Oneida, NY, Nonappropriated Fund Wage Area

Federal RegisterJun 4, 1996

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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AH41

Prevailing Rate Systems; Redefinition of Oneida, NY,

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 (OPM) is issuing an interim

rule to abolish the Oneida, NY, nonappropriated fund (NAF) Federal Wage

System (FWS) wage area and to establish a new Jefferson, NY, NAF wage

area with a survey area consisting of Jefferson County--currently an

unsurveyed county in the Oneida wage area. The Oneida wage area is

presently composed of one survey area county (Oneida) and nine area of

application counties (Albany, Clinton, Jefferson, Onondaga, Ontario,

Schenectady, Saratoga, Seneca, and Steuben). After this change, a new

wage area, Jefferson, NY, will include seven of these counties, with

Jefferson designated as the survey area and Albany, Oneida, Onondaga,

Ontario, Schenectady, and Steuben designated as areas of application.

Clinton, Saratoga, and Seneca, which have no FWS employees, will be

deleted.

DATES: This interim rule becomes effective on June 6, 1996. Comments

must be received by July 5, 1996. Employees currently paid rates from

the Oneida, NY, NAF wage schedule will continue to be paid from that

schedule until their conversion to the Jefferson, NY, NAF wage schedule

on May 16, 1996.

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) 606-2394.

FOR FURTHER INFORMATION CONTACT: Paul Shields, (202) 606-2848.

SUPPLEMENTARY INFORMATION: Because the closing of the Oneida, NY,

nonappropriated fund (NAF) wage area host activity, Griffiss Air Force

Base, left Oneida County without an activity having the capability to

conduct a wage survey, the Department of Defense requested that the

Oneida wage area be abolished and that a new Jefferson, NY, NAF wage

area be established with a survey area consisting of Jefferson County--

currently an unsurveyed county in the Oneida wage area. The Oneida wage

area is presently composed of one survey area county (Oneida) and nine

area of application counties (Albany, Clinton, Jefferson, Onondaga,

Ontario, Schenectady, Saratoga, Seneca, and Steuben).

The new wage area being established by this interim rule,

Jefferson, NY, will include seven of these counties, with Jefferson

designated as the survey area and Albany, Oneida, Onondaga, Ontario,

Schenectady, and Steuben

[[Page 27996]]

designated as areas of application. Jefferson County meets the minimum

requirements to be the survey area. Fort Drum, located in Jefferson

County, has 181 NAF Federal Wage System employees and has the

capability to conduct the survey. Jefferson County also meets the other

regulatory requirement of a minimum of 1,800 private enterprise

employees in establishments within survey specifications (with

approximately 16,970 such employees). Clinton, Saratoga, and Seneca,

which have no FWS employees, will be deleted.

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 criteria strongly favor redefinition to the proposed Jefferson

survey area for the closest two counties to be redefined, Oneida and

Onondaga. For the four more distant counties to the southwest (Ontario

and Steuben) and to the southeast (Schenectady and Albany), the

regulatory criteria are mixed, with Jefferson first-ranked on either

the transportation and commuting patterns criterion or the similarities

in population and private industry criterion. Although consideration

was given to the possible redefinition of these four counties to the

closer Niagara, New York, or Hampden, Massachusetts, areas, the mixed

nature of these findings supports this redefinition. Other relevant

factors weighed include the continuity of the historical composition of

the old wage area and a natural affinity of these New York counties

having continuing NAF employment. The willingness of DOD and its wage

committee to establish a new wage area and conduct a new survey

furthers the concepts of wage rates based on prevailing local rates and

of effective partnership in this period of wage area realignments as

base closures shrink the NAF workforce.

The full-scale surveys will continue to be ordered in March of even

numbered fiscal years--e.g., in March 1996. The Federal Prevailing Rate

Advisory Committee reviewed this recommendation and by consensus

recommended approval.

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 because preparations for the 1996 Jefferson, NY, NAF

wage area survey must begin immediately.

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 New

York is amended by removing the entry for Oneida and adding in

alphabetical order a new entry of Jefferson with a beginning month of

survey of ``March'' and a fiscal year of full-scale survey of ``Even.''

3. Appendix D to subpart B is amended by removing the wage area

list for Oneida, New York, and by adding in alphabetical order a new

list for Jefferson, New York, to read as follows:

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

Survey Areas

* * * * *

New York

* * * * *

Jefferson Survey Area

New York

Jefferson

Area of Application. Survey Area Plus

New York

Albany

Oneida

Onondaga

Ontario

Schenectady

Steuben

* * * * *

[FR Doc. 96-13840 Filed 6-3-96; 8:45 am]

BILLING CODE 6325-01-M

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