Prevailing Rate Systems; Redefinition of Philadelphia, PA, and New York, NY, Appropriated Fund Wage Areas

Office of Personnel Management

5 CFR Part 532

RIN 3206-AI30

Prevailing Rate Systems; Redefinition of Philadelphia, PA, and

New York, NY, Appropriated Fund Wage Areas

AGENCY: Office of Personnel Management.

ACTION: Proposed rule with request for comments.

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SUMMARY: The Office of Personnel Management is issuing a proposed rule

that would redefine Ocean County, NJ, excluding the portion occupied by

the Fort Dix Military Reservation, from the area of application of the

Philadelphia, PA, appropriated fund Federal Wage System (FWS) wage area

to the area of application of the New York, NY, wage area. This

redefinition will more accurately reflect the transportation facilities

and commuting patterns criteria of Ocean County, NJ (excluding Fort Dix

Military Reservation).

DATES: Comments must be received by July 23, 1998.

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

Director for Compensation Administration, Workforce Compensation and

Performance Service, Office of Personnel Management, Room 7H31, 1900 E

Street NW., Washington, DC 20415, or FAX: (202) 606-0824.

FOR FURTHER INFORMATION CONTACT: Mark A. Allen at (202) 606-2848, or e-

mail: [email protected].

SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) is

engaged in an ongoing project to review the geographic definitions of

selected Federal Wage System (FWS) appropriated fund wage areas. The

Federal Prevailing Rate Advisory Committee (FPRAC), the statutory

national-level labor-management committee responsible for advising OPM

on matters concerning the pay of FWS employees, has recommended by

majority vote that OPM redefine Ocean County, NJ, excluding the portion

occupied by the Fort Dix Military Reservation, from the area of

application of the Philadelphia, PA, appropriated fund FWS wage area to

the area of application of the New York, NY, wage area.

Section 532.211 of title 5, Code of Federal Regulations, lists the

following criteria that OPM considers 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.

Ocean County is located in central New Jersey and is bordered by

Burlington County to the West and Monmouth County to the North. The

members of FPRAC studied the appropriate wage area definition of Ocean

County exhaustively. Based on their analysis of the regulatory

criteria, the management members of FPRAC found no compelling reason to

change the wage area designation of Ocean County. The labor members of

the Committee argued that the transportation facilities and commuting

patterns criteria favor placing Ocean County in the New York wage area.

After failing to reach consensus, the Committee voted to accept the

labor recommendation. The management members of FPRAC filed a minority

report in opposition to the FPRAC majority recommendation.

After careful consideration, OPM finds that it is appropriate to

accept the FPRAC recommendation in this case. The distance, geographic

features, and overall population, employment, and the kinds and sizes

of private industrial establishments criteria do not clearly favor

defining Ocean County to one wage area more than another. However, we

find that the transportation facilities and commuting patterns criteria

clearly favor defining Ocean County to the New York wage area rather

than to the Philadelphia wage area.

The largest employer of FWS workers in Ocean County is Lakehurst

Naval Air Station, although several other smaller employment sites

would be affected by the redefinition of Ocean County to the New York

wage area. Employees with official duty stations in the Fort Dix

Military Reservation portion of Ocean County would remain in the

Philadelphia wage area. Employees with official duty stations at

Lakehurst Naval Air Station and other facilities in Ocean County would

be redefined from the Philadelphia wage area to the New York wage area

on the first day of the first applicable pay period beginning on or

after 30 days after the issuance of a final regulation implementing

this proposed change.

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.

Office of Personnel Management.

Janice R. Lachance,

Director.

Accordingly, OPM proposes 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. Appendix C to subpart B is amended by revising the wage area

listings for the New York, New York, and Philadelphia, Pennsylvania,

wage areas to read as follows:

Appendix C to Subpart B of Part 532--Appropriated Fund Wage and

Survey Areas

* * * * *

New York

* * * * *

New York

Survey Area

New York:

Bronx

Kings

Nassau

New York

Queens

Suffolk

Westchester

New Jersey:

Bergen

Essex

[[Page 34135]]

Hudson

Middlesex

Morris

Passaic

Somerset

Union

Area of Application. Survey Area Plus

New York:

Putnam

Richmond

Rockland

New Jersey:

Monmouth

Ocean (excluding the Fort Dix Military Reservation)

Sussex

* * * * *

Pennsylvania

* * * * *

Philadelphia

Survey Area

Pennsylvania:

Bucks

Chester

Delaware

Montgomery

Philadelphia

New Jersey:

Burlington

Camden

Gloucester

Area of Application. Survey Area Plus

Pennsylvania:

Lehigh

Northampton

New Jersey:

Atlantic

Cape May

Cumberland

Hunterdon

Mercer

Ocean (Fort Dix Military Reservation only)

Warren

* * * * *

[FR Doc. 98-16668 Filed 6-22-98; 8:45 am]

BILLING CODE 6325-01-P