[Federal Register: January 13, 2003 (Volume 68, Number 8)]
[Rules and Regulations]
[Page 1515]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ja03-1]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 532
RIN 3206-AJ61
Prevailing Rate Systems; Definition of Santa Clara, CA,
Nonappropriated Fund Wage Area
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management is issuing a final rule
that abolishes the Alameda-Contra Costa, CA, nonappropriated fund (NAF)
Federal Wage System wage area and establishes a new Santa Clara, CA,
NAF wage area. This change was necessary because the closure of the
Army and Air Force Exchange Service Distribution Center in Oakland left
the Alameda-Contra Costa wage area without a host activity to conduct a
local wage survey. Full-scale surveys for the Santa Clara wage area
will be conducted in September of each even-numbered fiscal year.
DATES: Effective Date: This regulation is effective on February 12,
2003.
FOR FURTHER INFORMATION CONTACT: Chenty I. Carpenter, (202) 606-2838;
FAX: (202) 606-0824; or e-mail cicarpen@opm.gov.
SUPPLEMENTARY INFORMATION: On July 17, 2002, the Office of Personnel
Management (OPM) published an interim rule (67 FR 46839) that abolished
the Alameda-Contra Costa, CA, nonappropriated fund (NAF) Federal Wage
System (FWS) wage area and established a new Santa Clara, CA, NAF wage
area. The interim rule had a 30-day public comment period, during which
OPM received no comments. The change was necessary because the closure
of the Army and Air Force Exchange Service Distribution Center in
Oakland left the Alameda-Contra Costa wage area without a host activity
to conduct a local wage survey. The new Santa Clara NAF wage area will
now consist of Santa Clara County as the survey area. The area of
application for the Santa Clara, CA, wage area will include Alameda,
Contra Costa, and San Mateo Counties. A full-scale survey for the Santa
Clara wage area was conducted in September 2002.
Under 5 U.S.C. 5343(a), NAF FWS wage area boundaries may not extend
beyond the immediate locality where NAF employees work. OPM may
establish an NAF wage area under 5 CFR 532.219 when a minimum of 26 NAF
wage employees are employed in a survey area and sufficient private
employment exists within the survey area to provide adequate data for
establishing an NAF wage schedule. Santa Clara County meets the
regulatory criteria to be a separate NAF wage area, and the Department
of Defense recommended that Santa Clara County be redefined as the sole
survey county for the new FWS NAF wage area, and that Alameda, Contra
Costa, and San Mateo Counties be defined as areas of application
counties.
OPM regulations at 5 CFR 532.219 require a minimum of 1,800 private
enterprise employees in establishments within the scope of a NAF survey
in order to establish a separate wage area within the survey
specifications. Because Alameda, Contra Costa, and San Mateo Counties
will have continuing NAF employment and do not meet the regulatory
criteria in 5 CFR 532.219 to be separate survey areas, they must be
considered areas of application to Santa Clara County. The Department
of Defense conducted a full scale survey in Santa Clara County in
September 2002. The Federal Prevailing Rate Advisory Committee, the
national labor-management committee that advises OPM on FWS pay
matters, recommended these changes by consensus.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because it will 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.
Accordingly, under the authority of 5 U.S.C. 5343, the interim rule
(67 FR 46839) amending 5 CFR part 532 published on July 17, 2002, is
adopted as final with no changes.
U.S. Office of Personnel Management.
Kay Coles James,
Director.
[FR Doc. 03-400 Filed 1-10-03; 8:45 am]
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