Prevailing Rate Systems; Redefinition of the Orlando, FL, Appropriated Fund Wage Area

Federal RegisterFeb 9, 1998

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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-A113

Prevailing Rate Systems; Redefinition of the Orlando, FL,

Appropriated 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 redefine Orange, Osceola, Seminole, and Volusia Counties, FL,

from the Orlando, FL, Federal Wage System (FWS) appropriated fund wage

area to the Jacksonville, FL, FWS wage area. March 11, 1998.

DATES: This interim rule is effective March 11, 1998. Employees in the

Orlando wage area will be transferred to the Jacksonville wage schedule

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

after March 11, 1998. Comments must be received on or before March 11,

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

send an email message to [email protected].

SUPPLEMENTARY INFORMATION: The Office of Personnel Management is

issuing the second of two interim rules to abolish and redefine the

Orlando, FL, appropriated fund wage area. The Orlando wage area is

currently composed of Orange, Osceola, Seminole, and Volusia Counties

in Florida. Because of the pending closure of the Orlando Naval

Training Station, the Department of Defense (DOD), the lead agency for

the Orlando wage area, was unable to conduct the wage survey that was

scheduled to begin in the Orlando wage area in September 1997. An

earlier interim rule removed the requirement that local wage surveys be

conducted in the Orlando wage area (62 FR 51759). This interim rule

redefines the four counties of the Orlando wage area to the

Jacksonville, FL, wage area's area of application.

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

following criteria for consideration when OPM defines 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.

An examination of the above criteria found that the distance

criterion favored defining Orange, Osceola, Seminole, and Volusia

Counties to the Cocoa Beach-Melbourne, FL, wage area. However, the

similarities in overall population and employment criteria favored

defining the four counties to the Jacksonville wage area more than to

the Cocoa Beach-Melbourne wage area. The other regulatory criteria were

indeterminate. An additional factor taken into consideration in the

review of Orange, Osceola, Seminole, and Volusia Counties was the fact

that wage schedules for FWS employees who are stationed in the Cocoa

Beach-Melbourne wage area are constructed predominantly from wage data

obtained from private industrial establishments working on Federal

contracts for the National Aeronautics and Space Administration that

have little similarity to the private industrial establishments found

in the Orlando wage area. Wage schedules for FWS employees who are

stationed in the Jacksonville wage area are constructed from wage data

obtained from a broader range of private industrial establishments that

appear to be more similar to the private industrial establishments

generally found in the Orlando wage area. On balance, the regulatory

criteria for defining FWS wage areas show that the four counties of the

Orlando wage area are a better fit with the Jacksonville wage area than

with the Cocoa Beach-Melbourne wage area. For this reason, OPM is

moving Orange, Osceola, Seminole, and Volusia Counties to the

Jacksonville wage area.

The Federal Prevailing Rate Advisory Committee reviewed this

recommendation and by consensus recommended approval.

Waiver of Notice of Proposed Rulemaking and Delayed Effective date

Pursuant to 5 U.S.C. 553(b)(3)(B), I find that good cause exists

for waiving the general notice of proposed rulemaking. The notice is

being waived because FWS employees who are stationed in the Orlando

wage area would have received wage adjustments in November 1997 had DOD

been able to continue conducting local wage surveys in the Orlando wage

area. This interim rule will allow those employees to receive wage

adjustments as soon as is practicable with an appropriate period of

time for agencies to implement the change.

Regulatory Flexibility Act

I certify that these regulations will not have 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.

Janice R. Lachance,

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 C to Subpart B of Part 532 [Amended]

2. Appendix C to subpart B is amended under the State of Florida by

removing the wage area listing for the Orlando wage area and by

revising the Jacksonville wage area listing to read as follows:

[[Page 6472]]

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

Survey Areas

* * * * *

Florida

* * * * *

Jacksonville

Survey Area

Florida:

Alachua

Baker

Clay

Duval

Nassau

St. Johns

Area of Application. Survey Area Plus

Florida:

Bradford

Citrus

Columbia

Dixie

Flagler

Gilchrist

Hamilton

Lafayette

Lake

Levy

Madison

Marion

Orange

Osceola

Putnam

Seminole

Sumter

Suwanee

Taylor

Union

Volusia

Georgia:

Brantley

Camden

Charlton

Glynn

Pierce

* * * * *

[FR Doc. 98-2904 Filed 2-8-98; 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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