Prevailing Rate Systems; Redefinition of the New Orleans, LA, Appropriated Fund Federal Wage System Wage Area, 39213-39214 [E8-15598]
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Rules and Regulations
Federal Register
Vol. 73, No. 132
Wednesday, July 9, 2008
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.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 532
RIN 3206–AL68
Prevailing Rate Systems; Redefinition
of the New Orleans, LA, Appropriated
Fund Federal Wage System Wage Area
U.S. Office of Personnel
Management.
ACTION: Interim rule with request for
comments.
AGENCY:
SUMMARY: The U.S. Office of Personnel
Management is issuing an interim rule
to add St. Charles and St. John the
Baptist Parishes, Louisiana, to the
survey area of the New Orleans, LA,
appropriated fund Federal Wage System
wage area. The purpose of this change
is to ensure the lead agency for the New
Orleans wage area is able to obtain wage
data that best represent the prevailing
rates paid by businesses in the area.
DATES: Effective Date: This regulation is
effective on July 9, 2008. We must
receive comments on or before August
8, 2008.
ADDRESSES: Send or deliver comments
to Charles D. Grimes III, Deputy
Associate Director for Performance and
Pay Systems, Strategic Human
Resources Policy Division, U.S. Office of
Personnel Management, Room 7H31,
1900 E Street, NW., Washington, DC
20415–8200; e-mail pay-performancepolicy@opm.gov; or FAX: (202) 606–
4264.
dwashington3 on PRODPC61 with RULES
FOR FURTHER INFORMATION CONTACT:
Madeline Gonzalez, (202) 606–2838; email pay-performance-policy@opm.gov;
or FAX: (202) 606–4264.
SUPPLEMENTARY INFORMATION: The U.S.
Office of Personnel Management (OPM)
is adding St. Charles and St. John the
Baptist Parishes, Louisiana, to the
survey area of the New Orleans, LA,
appropriated fund Federal Wage System
VerDate Aug<31>2005
15:16 Jul 08, 2008
Jkt 214001
(FWS) wage area. The New Orleans
survey area currently includes five of
the seven parishes of the New OrleansMetairie-Kenner, LA Metropolitan
Statistical Area (MSA)—Jefferson,
Orleans, Plaquemines, St. Bernard, and
St. Tammany Parishes. The survey area
does not include St. Charles and St.
John the Baptist Parishes, which are also
in the New Orleans-Metairie-Kenner
MSA.
While there are currently only five
FWS employees working in St. Charles
Parish and no FWS employees working
in St. John the Baptist Parish, the
addition of St. Charles and St. John the
Baptist Parishes to the New Orleans
survey area provides a desirable
increase in the number of surveyable
private sector industrial establishments
in the New Orleans survey area—about
15 percent more than in the current
New Orleans survey area.
This survey area expansion will not
create an undue survey burden on the
lead agency for the wage area (the
Department of Defense) and is strongly
justified because of the substantial
damage to private sector establishments
in the New Orleans area in the aftermath
of Hurricane Katrina. Expanding the
New Orleans survey area will allow
additional private sector establishments
to provide wage data that best
represents the prevailing rates paid by
businesses in the New Orleans area.
This change will be effective for the
next full-scale wage survey in the wage
area, which is scheduled to begin in
November 2008. The Federal Prevailing
Rate Advisory Committee, the national
labor-management committee
responsible for advising OPM on
matters concerning the pay of FWS
employees, has reviewed and
recommended this change by
consensus.
Waiver of Notice of Proposed
Rulemaking and Delay in Effective Date
Pursuant to 5 U.S.C. 553(b)(3)(B) and
(d)(3), I find that good cause exists to
waive the general notice of proposed
rulemaking. Also pursuant to 5 U.S.C.
553(d)(3), I find that good cause exists
for making this rule effective in less
than 30 days. This notice is being
waived and the regulation is being made
effective in less than 30 days because
Hurricane Katrina caused substantial
economic disruption in the New
Orleans wage area affecting the
Government’s ability to adequately
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
measure local prevailing wage levels.
This change is urgent because the next
scheduled wage survey in the wage area
will occur in November 2008, and the
lead agency must begin planning and
coordination phases for the survey as
soon as possible.
Regulatory Flexibility Act
I certify that these regulations will not
have a significant economic impact on
a substantial number of small entities
because they 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.
Office of Personnel Management.
Linda M. Springer,
Director.
Accordingly, the U.S. Office of
Personnel Management is amending 5
CFR part 532 as follows:
I
PART 532—PREVAILING RATE
SYSTEMS
1. The authority citation for part 532
continues to read as follows:
I
Authority: 5 U.S.C. 5343, 5346; § 532.707
also issued under 5 U.S.C. 552.
Appendix C to Subpart B of Part 532—
Appropriated Fund Wage and Survey
Areas
2. In appendix C to subpart B, the
wage area listing for the State of
Louisiana is amended by revising the
listing for New Orleans to read as
follows:
*
*
*
*
*
I
Louisiana
*
*
*
*
*
New Orleans
Survey Area
Louisiana:
Jefferson
Orleans
Plaquemines
St. Bernard
St. Charles
St. John the Baptist
St. Tammany
Area of Application. Survey Area Plus
Louisiana:
Ascension
Assumption
East Baton Rouge
E:\FR\FM\09JYR1.SGM
09JYR1
39214
Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Rules and Regulations
East Feliciana
Iberia
Iberville
Lafourche
Livingston
Pointe Coupee
St. Helena
St. James
St. Martin
St. Mary
Tangipahoa
Terrebonne
Washington
West Baton Rouge
West Feliciana
*
*
*
*
1400 Independence Avenue, SW., Room
0632, Stop 0244, Washington, DC
20250–0244; telephone: (202) 720–9915;
or fax: (202) 205–2800; or e-mail:
Jeanette.Palmer@usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under the Peanut Promotion,
Research, and Information Order [7 CFR
Part 1216]. The Order is authorized
under the Commodity Promotion,
Research, and Information Act of 1996
[7 U.S.C. 7411–7425].
*
[FR Doc. E8–15598 Filed 7–8–08; 8:45 am]
BILLING CODE 6325–39–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1216
[Docket No.: AMS–FV–08–0001; FV–08–701
FR]
Peanut Promotion, Research, and
Information Order; Amendment to
Primary Peanut-Producing States and
Adjustment of Membership
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
dwashington3 on PRODPC61 with RULES
AGENCY:
SUMMARY: The Department of
Agriculture (Department) is adopting, as
a final rule, without change, an interim
final rule that added a producer member
and alternate from the State of
Mississippi to the National Peanut
Board (Board). The change was
proposed by the Board, which
administers the nationally coordinated
program, in accordance to the
provisions of the Peanut Promotion,
Research, and Information Order (Order)
which is authorized under the
Commodity Promotion, Research, and
Information Act of 1996 (1996 Act). This
change is made because Mississippi is
now considered a major peanutproducing state based on the Board’s
review of the geographical distribution
of the production of peanuts. The Order
requires a review of the geographical
distribution of the production of
peanuts at least every five years. The
addition of a member from Mississippi
will provide for additional
representation from another primary
peanut-producing state.
DATES: Effective Date: August 8, 2008.
FOR FURTHER INFORMATION CONTACT:
Jeanette Palmer, Marketing Specialist,
Research and Promotion Branch, Fruit
and Vegetable Programs, AMS, USDA,
VerDate Aug<31>2005
15:16 Jul 08, 2008
Jkt 214001
Executive Order 12866
The Office of Management and Budget
has waived the review process required
by Executive Order 12866 for this
action.
Executive Order 12988
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. The rule is not intended to have
a retroactive effect and will not affect or
preempt any other State or Federal law
authorizing promotion or research
relating to an agricultural commodity.
The 1996 Act provides that any
person subject to an order may file a
written petition with the Department of
Agriculture if they believe that the
order, any provision of the order, or any
obligation imposed in connection with
the order, is not established in
accordance with the law. In any
petition, the person may request a
modification of the order or an
exemption from the order. The
petitioner is afforded the opportunity
for a hearing on the petition. After a
hearing, the Department would rule on
the petition. The 1996 Act provides that
the district court of the United States in
any district in which the petitioner
resides or conducts business shall have
the jurisdiction to review the
Department’s ruling on the petition,
provided a complaint is filed not later
than 20 days after the date of the entry
of the ruling.
Regulatory Flexibility Analysis
In accordance with the Regulatory
Flexibility Act (RFA) [5 U.S.C. 601–
612], AMS has considered the economic
impact of this rule on small entities and
has prepared this final regulatory
analysis impact on a substantial number
of small entities. The purpose of the
RFA is to fit regulatory actions to the
scale of business subject to such actions
in order that small businesses will not
be unduly or disproportionately
burdened.
The Small Business Administration
(SBA) defines, in 13 CFR part 121, small
agricultural producers as those having
annual receipts of no more than
$750,000 and small agricultural service
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
firms as having receipts of no more than
$6,500,000.
There are approximately 10,840
producers and 33 handlers of peanuts
who are subject to the program. Most
producers would be classified as small
businesses under the criteria established
by the SBA, and most of the handlers
would not be classified as small
businesses.
The Department’s National
Agricultural Statistics Service (NASS),
reports U.S. peanut production from the
10 major peanut-producing states. The
combined production from these states
totaled 3.74 billion pounds in 2007.
NASS data indicates that Georgia was
the largest producer (44 percent of the
total U.S. production), followed by
Texas (20 percent), Alabama (11
percent), Florida (9 percent), North
Carolina (7 percent), South Carolina (5
percent), Mississippi (2 percent),
Oklahoma (2 percent), Virginia (2
percent), and New Mexico (1 percent).
According to the 2002 Census of
Agriculture, small amounts of peanuts
were also grown in six other states.
NASS data indicates that the farm value
of the peanuts produced in the top 10
states in 2007 was $763 million.
Three main types of peanuts are
grown in the United States: Runners,
Virginia, and Spanish. The southeast
growing region grows mostly the
medium-kernel Runner peanuts. The
southwest growing region used to grow
two-thirds Spanish and one-third
Runner peanuts, but now more Runners
than Spanish are grown. Virtually all of
the Spanish peanut production is in
Oklahoma and Texas. In the VirginiaCarolina region, mainly large-kernel
Virginia peanuts are grown. New
Mexico grows a fourth type of peanut,
the Valencia.
According to the Department’s
Agricultural Statistics report, in 2005
there were 10,840 commercial
producers of peanuts in the United
States. If that number of growers is
divided into the total U.S. production in
2005, the resulting average is 449,249
pounds of peanuts per grower. Peanuts
produced during 2005 provided average
gross sales of $77,808 per peanut
producer, and the total value of the 2005
crop was approximately $843 million.
During the 2005/2006 marketing season
(which began August 1, 2005), the per
capita consumption of peanuts in the
United States was 6.6 pounds, the same
as in the 2004/2005 season.
Peanut manufacturers produce three
principal peanut products: peanut
butter, packaged nuts (including salted,
unsalted, flavored, and honey-roasted
nuts), and peanut candies. In most
years, half of all peanuts produced in
E:\FR\FM\09JYR1.SGM
09JYR1
]]>Agencies
[Federal Register Volume 73, Number 132 (Wednesday, July 9, 2008)]
[Rules and Regulations]
[Pages 39213-39214]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15598]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Rules
and Regulations
[[Page 39213]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 532
RIN 3206-AL68
Prevailing Rate Systems; Redefinition of the New Orleans, LA,
Appropriated Fund Federal Wage System Wage Area
AGENCY: U.S. Office of Personnel Management.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Office of Personnel Management is issuing an interim
rule to add St. Charles and St. John the Baptist Parishes, Louisiana,
to the survey area of the New Orleans, LA, appropriated fund Federal
Wage System wage area. The purpose of this change is to ensure the lead
agency for the New Orleans wage area is able to obtain wage data that
best represent the prevailing rates paid by businesses in the area.
DATES: Effective Date: This regulation is effective on July 9, 2008. We
must receive comments on or before August 8, 2008.
ADDRESSES: Send or deliver comments to Charles D. Grimes III, Deputy
Associate Director for Performance and Pay Systems, Strategic Human
Resources Policy Division, U.S. Office of Personnel Management, Room
7H31, 1900 E Street, NW., Washington, DC 20415-8200; e-mail pay-
performance-policy@opm.gov; or FAX: (202) 606-4264.
FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, (202) 606-2838; e-
mail pay-performance-policy@opm.gov; or FAX: (202) 606-4264.
SUPPLEMENTARY INFORMATION: The U.S. Office of Personnel Management
(OPM) is adding St. Charles and St. John the Baptist Parishes,
Louisiana, to the survey area of the New Orleans, LA, appropriated fund
Federal Wage System (FWS) wage area. The New Orleans survey area
currently includes five of the seven parishes of the New Orleans-
Metairie-Kenner, LA Metropolitan Statistical Area (MSA)--Jefferson,
Orleans, Plaquemines, St. Bernard, and St. Tammany Parishes. The survey
area does not include St. Charles and St. John the Baptist Parishes,
which are also in the New Orleans-Metairie-Kenner MSA.
While there are currently only five FWS employees working in St.
Charles Parish and no FWS employees working in St. John the Baptist
Parish, the addition of St. Charles and St. John the Baptist Parishes
to the New Orleans survey area provides a desirable increase in the
number of surveyable private sector industrial establishments in the
New Orleans survey area--about 15 percent more than in the current New
Orleans survey area.
This survey area expansion will not create an undue survey burden
on the lead agency for the wage area (the Department of Defense) and is
strongly justified because of the substantial damage to private sector
establishments in the New Orleans area in the aftermath of Hurricane
Katrina. Expanding the New Orleans survey area will allow additional
private sector establishments to provide wage data that best represents
the prevailing rates paid by businesses in the New Orleans area.
This change will be effective for the next full-scale wage survey
in the wage area, which is scheduled to begin in November 2008. The
Federal Prevailing Rate Advisory Committee, the national labor-
management committee responsible for advising OPM on matters concerning
the pay of FWS employees, has reviewed and recommended this change by
consensus.
Waiver of Notice of Proposed Rulemaking and Delay in Effective Date
Pursuant to 5 U.S.C. 553(b)(3)(B) and (d)(3), I find that good
cause exists to waive the general notice of proposed rulemaking. Also
pursuant to 5 U.S.C. 553(d)(3), I find that good cause exists for
making this rule effective in less than 30 days. This notice is being
waived and the regulation is being made effective in less than 30 days
because Hurricane Katrina caused substantial economic disruption in the
New Orleans wage area affecting the Government's ability to adequately
measure local prevailing wage levels. This change is urgent because the
next scheduled wage survey in the wage area will occur in November
2008, and the lead agency must begin planning and coordination phases
for the survey as soon as possible.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities because they
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.
Office of Personnel Management.
Linda M. Springer,
Director.
0
Accordingly, the U.S. Office of Personnel Management is amending 5 CFR
part 532 as follows:
PART 532--PREVAILING RATE SYSTEMS
0
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--Appropriated Fund Wage and Survey
Areas
0
2. In appendix C to subpart B, the wage area listing for the State of
Louisiana is amended by revising the listing for New Orleans to read as
follows:
* * * * *
Louisiana
* * * * *
New Orleans
Survey Area
Louisiana:
Jefferson
Orleans
Plaquemines
St. Bernard
St. Charles
St. John the Baptist
St. Tammany
Area of Application. Survey Area Plus
Louisiana:
Ascension
Assumption
East Baton Rouge
[[Page 39214]]
East Feliciana
Iberia
Iberville
Lafourche
Livingston
Pointe Coupee
St. Helena
St. James
St. Martin
St. Mary
Tangipahoa
Terrebonne
Washington
West Baton Rouge
West Feliciana
* * * * *
[FR Doc. E8-15598 Filed 7-8-08; 8:45 am]
BILLING CODE 6325-39-P
