Prevailing Rate Systems; Abolishment of Lubbock, TX, Nonappropriated Fund Wage Area

Federal RegisterMay 29, 1997

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of Personnel Management

5 CFR Part 532

RIN 3206-AH88

Prevailing Rate Systems; Abolishment of Lubbock, TX,

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 Lubbock, Texas, nonappropriated fund (NAF) Federal

Wage System (FWS) wage area and to establish a new Curry, New Mexico,

NAF wage area. The Lubbock NAF wage area is presently composed of one

survey area county (Lubbock, TX) and two area of application counties

(Curry, NM, and Potter, TX). The new Curry NAF wage area will be

composed of one survey area county (Curry, NM) and two area of

application counties (Lubbock, TX, and Potter, TX).

DATES: This interim rule becomes effective on June 2, 1997. Comments

must be received by June 30, 1997. Employees currently paid rates from

the Lubbock, TX, NAF wage schedule will continue to be paid from that

schedule until their conversion to the Curry NAF wage schedule on the

effective date of the first wage schedule for the Curry NAF wage area.

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) 606-4264.

FOR FURTHER INFORMATION CONTACT: Frank Derby, (202) 606-2848.

SUPPLEMENTARY INFORMATION: Because the pending closure of the Lubbock,

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

Base, has left Lubbock County without an activity having the capability

to conduct an NAF wage survey, the Department of Defense (DOD)

recommended that the Office of Personnel Management (OPM) abolish the

Lubbock, TX, NAF wage area and establish a new Curry, NM, NAF wage

area. The Lubbock wage area is presently composed of one survey area

county (Lubbock, TX) and two area of application counties (Curry, NM,

and Potter, TX). The new Curry wage area will be composed of one survey

area county (Curry, NM) and two area of application counties (Lubbock,

TX, and Potter, TX).

Curry County meets the minimum regulatory requirements in section

532.219 of title 5, Code of Federal Regulations, to be an NAF survey

area. Cannon Air Force Base, located in Curry County, has more than the

minimum required number of NAF employees paid under the FWS and has the

capability to conduct a local wage survey. Also, Curry County has more

than the required minimum number of private enterprise employees in

establishments within survey specifications.

5 CFR 532.219 lists the following regulatory criteria that OPM

considered when redefining the Lubbock 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.

Another relevant factor that OPM weighed is the continuity of the

historical composition of the Lubbock NAF wage area. Also, the

willingness of DOD and its wage committee to establish a new wage area

and conduct a new survey in this case furthers the concepts of wage

rates based on local prevailing rates and of effective partnership in

this period of wage area realignments necessitated by downsizing of the

NAF workforce.

Full-scale wage surveys will be ordered in the Curry wage area in

June of odd numbered fiscal years--e.g., in June 1997. 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 1997 Curry, NM, NAF wage

area survey must otherwise 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.

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--[Amended]

2. Appendix B to subpart B of part 532 is amended for the State of

Texas by removing the entry for Lubbock and by adding in alphabetical

order for the State of New Mexico a new entry for Curry with a

beginning month of survey of ``June'' and a fiscal year of full-scale

survey of ``Odd.''

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

listing of Lubbock, Texas, and by adding in alphabetical order a new

entry of Curry, New Mexico, to read as follows:

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

Survey Areas

* * * * *

New Mexico

* * * * *

Curry

Survey Area:

New Mexico:

Curry

Area of application. Survey area plus:

Texas:

Lubbock

Potter

* * * * * *

[FR Doc. 97-14008 Filed 5-28-97; 8:45 am]

BILLING CODE 6325-01-P

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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