Prevailing Rate Systems; Redefinition of the St. Louis, MO; Southern Missouri; Cleveland, OH; and Pittsburgh, PA, Appropriated Fund Federal Wage System Wage Areas, 21515-21517 [2013-08518]

Download as PDF 21515 Rules and Regulations Federal Register Vol. 78, No. 70 Thursday, April 11, 2013 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–AM70 Prevailing Rate Systems; Redefinition of the St. Louis, MO; Southern Missouri; Cleveland, OH; and Pittsburgh, PA, Appropriated Fund Federal Wage System Wage Areas U.S. Office of Personnel Management. ACTION: Final rule. AGENCY: TKELLEY on DSK3SPTVN1PROD with RULES VerDate Mar<15>2010 18:35 Apr 10, 2013 Jkt 229001 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 The U.S. Office of Personnel Management is issuing a final rule to redefine the geographic boundaries of the St. Louis, MO; Southern Missouri; Cleveland, OH; and Pittsburgh, PA, appropriated fund Federal Wage System (FWS) wage areas. The final rule redefines Bollinger, Cape Girardeau, and Perry Counties, MO, from the Southern Missouri wage area to the St. Louis wage area and Mercer County, PA, from the Pittsburgh wage area to the Cleveland wage area. These changes are based on recent consensus recommendations of the Federal Prevailing Rate Advisory Committee to best match the counties proposed for redefinition to a nearby FWS survey area. This final rule makes two additional corrections. It renames the Champaign-Urbana, IL, wage area as the Central Illinois wage area and updates the name of the White Sands Proving Ground in the Albuquerque, NM, and El Paso, TX, wage areas to White Sands Missile Range. DATES: This regulation is effective on May 13, 2013. SUPPLEMENTARY INFORMATION: On November 15, 2012, the U.S. Office of Personnel Management (OPM) issued a proposed rule (77 FR 68073) to redefine Bollinger, Cape Girardeau, and Perry Counties, MO, from the Southern Missouri wage area to the St. Louis wage area and Mercer County, PA, from the SUMMARY: Pittsburgh wage area to the Cleveland wage area. These changes are based on recent consensus recommendations of the Federal Prevailing Rate Advisory Committee to best match the above counties to a nearby FWS survey area. This final rule makes two additional corrections. It renames the ChampaignUrbana, IL, wage area as the Central Illinois wage area and updates the name of the White Sands Proving Ground in the Albuquerque, NM, and El Paso, TX, wage areas to White Sands Missile Range. These corrections do not affect the pay of any FWS employees. The proposed rule had a 30-day comment period during which OPM received no comments. Administrative practice and procedure, Freedom of information, Government employees, Reporting and recordkeeping requirements, Wages. U.S. Office of Personnel Management. John Berry, Director. Accordingly, the U.S. Office of Personnel Management amends 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; § 532.707 also issued under 5 U.S.C. 552. Appendix A to Subpart B of Part 532— [Amended] 2. In appendix A to subpart B of part 532, under the State of Illinois, revise ‘‘Champaign-Urbana’’ wage area to read ‘‘Central Illinois’’. ■ 3. In appendix C to subpart B of part 532, under the State of Illinois, revise ‘‘Champaign-Urbana’’ wage area to read ‘‘Central Illinois’’, and revise the wage area listings for the St. Louis, MO; Southern Missouri; Albuquerque, NM; Cleveland, OH; Pittsburgh, PA, and El Paso, TX, wage areas to read as follows: ■ PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 Appendix C to Subpart B of Part 532— Appropriated Fund Wage and Survey Areas * * * * * * * MISSOURI * * * St. Louis Survey Area Illinois: Clinton Madison Monroe St. Clair Missouri: (city) St. Louis Missouri: (counties) Franklin Jefferson St. Charles St. Louis Area of Application. Survey area plus: Illinois: Alexander Bond Calhoun Clay Effingham Fayette Franklin Greene Hamilton Jackson Jefferson Jersey Johnson Macoupin Marion Massac Montgomery Morgan Perry Pike Pope Pulaski Randolph Saline Scott Union Washington Wayne Williamson Missouri: Audrain Bollinger Boone Callaway Cape Girardeau Clark Cole Crawford Gasconade Knox E:\FR\FM\11APR1.SGM 11APR1 TKELLEY on DSK3SPTVN1PROD with RULES 21516 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations Lewis Lincoln Marion Moniteau Monroe Montgomery Osage Perry Pike Ralls Randolph St. Francois Ste. Genevieve Scotland Shelby Warren Washington Southern Missouri Survey Area Missouri: Christian Greene Laclede Phelps Pulaski Webster Area of Application. Survey area plus: Kansas: Cherokee Crawford Missouri: Barry Barton Benton Butler Camden Carter Cedar Dade Dallas Dent Douglas Hickory Howell Iron Jasper Lawrence Madison Maries Miller Mississippi Morgan New Madrid Newton Oregon Ozark Polk Reynolds Ripley St. Clair Scott Shannon Stoddard Stone Taney Texas Vernon Wayne Wright VerDate Mar<15>2010 18:35 Apr 10, 2013 Jkt 229001 * * * * * NEW MEXICO Albuquerque Survey Area New Mexico: Bernalillo Sandoval Area of Application. Survey area plus: New Mexico: Catron Cibola Colfax Curry De Baca Guadalupe Harding Lincoln (Does not include White Sands Missile Range portion) Los Alamos Mora Quay Rio Arriba Roosevelt San Miguel Santa Fe Socorro (Does not include White Sands Missile Range portion) Taos Torrance Union Valencia * * * * * * * OHIO * * * Cleveland Survey Area Ohio: Cuyahoga Geauga Lake Medina Area of Application. Survey area plus: Ohio: Ashland Ashtabula Carroll Columbiana Erie Huron Lorain Mahoning Ottawa Portage Sandusky Seneca Stark Summit Trumbull Wayne Pennsylvania: Mercer * * * * PENNSYLVANIA PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 * * * * * * Pittsburgh Survey Area Ohio:Pennsylvania: Allegheny Beaver Butler Washington Westmoreland Area of Application. Survey area plus: Ohio: Belmont Harrison Jefferson Tuscarawas Pennsylvania: Armstrong Bedford Blair Cambria Cameron Centre Clarion Clearfield Clinton Crawford Elk (Does not include the Allegheny National Forest portion) Erie Fayette Forest (Does not include the Allegheny National Forest portion) Greene Huntingdon Indiana Jefferson Lawrence Potter Somerset Venango West Virginia: Brooke Hancock Marshall Ohio * * * * * * * TEXAS * * * El Paso Survey Area New Mexico: Dona Ana Otero Texas: El Paso Area of Application. Survey area plus: New Mexico: Chaves Eddy Grant Hidalgo Lincoln (Only White Sands Missile Range portion) Luna Sierra Socorro (Only White Sands Missile Range portion) Texas: Culberson E:\FR\FM\11APR1.SGM 11APR1 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations Hudspeth * * * * * [FR Doc. 2013–08518 Filed 4–10–13; 8:45 am] BILLING CODE 6325–39–P MERIT SYSTEMS PROTECTION BOARD 5 CFR Part 1201 Practices and Procedures AGENCY: Merit Systems Protection Board. ACTION: Interim final rule. The Merit Systems Protection Board (MSPB or Board) hereby amends its rules of practice and procedure to allow federal agencies, when issuing a decision notice to an employee on a matter that is appealable to MSPB, to satisfy the obligation to provide a copy of the MSPB appeal form (MSPB Form 185) to an employee by providing the employee with access to a copy of the appeal form, i.e., in paper or electronic form. DATES: This interim final rule is effective on April 11, 2013. Submit written comments concerning this interim final rule on or before May 13, 2013. ADDRESSES: Submit your comments concerning this interim final rule by one of the following methods and in accordance with the relevant instructions: Email: Comments submitted by email should be addressed to mspb@mspb.gov and can be contained in the body of the email or as an attachment in any common electronic format, including word processing applications, HTML or PDF. Commenters are asked to use a text format and not an image format for attachments. The email should contain a subject line indicating that the submission contains comments on MSPB’s interim final rule. The MSPB asks that parties use email to submit comments if possible; Fax: Comments submitted by fax should be sent to (202) 653–7130. Faxes should be addressed to William D. Spencer and contain a subject line indicating that the submission contains comments concerning MSPB’s interim final rule; Mail or other commercial delivery: Mailed submissions should be addressed to William D. Spencer, Clerk of the Board, Merit Systems Protection Board, 1615 M Street NW., Washington, DC 20419; TKELLEY on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 18:35 Apr 10, 2013 Jkt 229001 Hand delivery or courier: Handdelivered submissions should be addressed to William D. Spencer, Clerk of the Board, Merit Systems Protection Board, 1615 M Street NW., Washington, DC 20419, and delivered to the 5th floor reception window at this street address. Such deliveries are only accepted Monday through Friday, 9:00 a.m. to 4:30 p.m., excluding federal holidays. Instructions: As noted above, MSPB requests that commenters use email to submit comments, if possible. All comments received will be included in the public docket without change and will be made available online at the Board’s Web site (https:// www.mspb.gov), including any personal information provided, unless the comment includes information claimed to be Confidential Business Information or other information whose disclosure is restricted by law. Those desiring to submit anonymous comments must submit comments in a manner that does not reveal the commenter’s identity, include a statement that the comment is being submitted anonymously, and include no personally-identifiable information. The email address of a commenter who chooses to submit comments using email will not be disclosed unless it appears in comments attached to an email or in the body a comment. FOR FURTHER INFORMATION CONTACT: William D. Spencer, Clerk of the Board, Merit Systems Protection Board, 1615 M Street NW., Washington, DC, 20419; phone: (202) 653–7200; fax: (202) 653– 7130; or email: mspb@mspb.gov. SUPPLEMENTARY INFORMATION: This interim final rule amends 5 CFR 1201.21(c). Currently, this regulation requires that, when a federal agency issues a decision notice to an employee on a matter that is appealable to MSPB, the federal agency must provide the employee with ‘‘[a] copy of the MSPB appeal form * * *’’ The amendment set forth herein will allow federal agencies to provide employees ‘‘[a] copy, or access to a copy, of the MSPB appeal form * * * ’’ This amendment will make paragraph (c) similar to paragraph (b), which requires a federal agency to provide the employee with ‘‘[a] copy, or access to a copy, of the Board’s regulations’’ under the same circumstances. The initial impetus to amend this regulation arose when MSPB realized that, under our current regulations, federal agencies that furlough their employees as a result of the implementation of government-wide ‘‘sequestration’’ on March 1, 2013, would be required to distribute PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 21517 potentially hundreds of thousands of copies of the 9-page MSPB appeal form to employees along with the furlough notifications. The existing MSPB regulations were not drafted with such a situation in mind. Moreover, widespread access by federal employees to the Internet, electronic mail, and MSPB’s electronic filing system, e-Appeal Online (https://eappeal.mspb.gov), ensure, in the vast majority of cases, that the distribution of thousands of paper copies of the MSPB appeal form by federal agencies is unnecessary. This interim final rule is intended to avoid the costly duplication of hundreds of thousands of paper copies of the MSPB appeal form and to allow federal agencies to make better use of electronic means of making documents available to employees. The Board is further convinced that this minor amendment to its regulations will not impose any hardship or disadvantage upon employees who receive a decision notice regarding a matter that is appealable to MSPB. A federal agency’s obligation under 1201.21(b) and (c) to provide access to MSPB’s regulations and the MSPB appeal form must be effective under the circumstances. For example, if a federal agency attempts to satisfy to 1201.21(b) and (c) by providing an employee access to MSPB’s regulations and appeal form via the Internet or electronic mail and the employee informs the agency that he or she lacks Internet access, the agency would be required to take other steps to ensure that the employee has actual access to these documents, including providing the employee with a copy of these documents upon the employee’s request. Thus, the regulation, as amended, continues to ensure that all employees subject to a final decision appealable to MSPB will have effective access to the MSPB appeal form. The rulemaking process must normally observe notice-and-comment procedures outlined in the Administrative Procedure Act (APA). However, an exemption from notice and comment rulemaking requirements exists under 5 U.S.C. 553(b)(3)(B) where an ‘‘agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.’’ The good cause exception ‘‘is to be narrowly construed and only reluctantly countenanced.’’ Mack Trucks, Inc. v. Environmental Protection Agency, 682 F.3d 87, 93 (D.C. Cir. 2012) (citations omitted). E:\FR\FM\11APR1.SGM 11APR1

Agencies

[Federal Register Volume 78, Number 70 (Thursday, April 11, 2013)]
[Rules and Regulations]
[Pages 21515-21517]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08518]



========================================================================
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. 78, No. 70 / Thursday, April 11, 2013 / Rules 
and Regulations

[[Page 21515]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AM70


Prevailing Rate Systems; Redefinition of the St. Louis, MO; 
Southern Missouri; Cleveland, OH; and Pittsburgh, PA, Appropriated Fund 
Federal Wage System Wage Areas

AGENCY: U.S. Office of Personnel Management.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Office of Personnel Management is issuing a final 
rule to redefine the geographic boundaries of the St. Louis, MO; 
Southern Missouri; Cleveland, OH; and Pittsburgh, PA, appropriated fund 
Federal Wage System (FWS) wage areas. The final rule redefines 
Bollinger, Cape Girardeau, and Perry Counties, MO, from the Southern 
Missouri wage area to the St. Louis wage area and Mercer County, PA, 
from the Pittsburgh wage area to the Cleveland wage area. These changes 
are based on recent consensus recommendations of the Federal Prevailing 
Rate Advisory Committee to best match the counties proposed for 
redefinition to a nearby FWS survey area. This final rule makes two 
additional corrections. It renames the Champaign-Urbana, IL, wage area 
as the Central Illinois wage area and updates the name of the White 
Sands Proving Ground in the Albuquerque, NM, and El Paso, TX, wage 
areas to White Sands Missile Range.

DATES: This regulation is effective on May 13, 2013.

SUPPLEMENTARY INFORMATION: On November 15, 2012, the U.S. Office of 
Personnel Management (OPM) issued a proposed rule (77 FR 68073) to 
redefine Bollinger, Cape Girardeau, and Perry Counties, MO, from the 
Southern Missouri wage area to the St. Louis wage area and Mercer 
County, PA, from the Pittsburgh wage area to the Cleveland wage area. 
These changes are based on recent consensus recommendations of the 
Federal Prevailing Rate Advisory Committee to best match the above 
counties to a nearby FWS survey area.
    This final rule makes two additional corrections. It renames the 
Champaign-Urbana, IL, wage area as the Central Illinois wage area and 
updates the name of the White Sands Proving Ground in the Albuquerque, 
NM, and El Paso, TX, wage areas to White Sands Missile Range. These 
corrections do not affect the pay of any FWS employees.
    The proposed rule had a 30-day comment period during which OPM 
received no comments.

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.

U.S. Office of Personnel Management.
John Berry,
Director.
    Accordingly, the U.S. Office of Personnel Management amends 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 A to Subpart B of Part 532--[Amended]

0
2. In appendix A to subpart B of part 532, under the State of Illinois, 
revise ``Champaign-Urbana'' wage area to read ``Central Illinois''.
0
3. In appendix C to subpart B of part 532, under the State of Illinois, 
revise ``Champaign-Urbana'' wage area to read ``Central Illinois'', and 
revise the wage area listings for the St. Louis, MO; Southern Missouri; 
Albuquerque, NM; Cleveland, OH; Pittsburgh, PA, and El Paso, TX, wage 
areas to read as follows:

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

 
 
 
 
 
                                * * * * *
                                MISSOURI
 
                                * * * * *
                                St. Louis
                               Survey Area
Illinois:
  Clinton
  Madison
  Monroe
  St. Clair
Missouri: (city)
  St. Louis
Missouri: (counties)
  Franklin
  Jefferson
  St. Charles
  St. Louis
                 Area of Application. Survey area plus:
Illinois:
  Alexander
  Bond
  Calhoun
  Clay
  Effingham
  Fayette
  Franklin
  Greene
  Hamilton
  Jackson
  Jefferson
  Jersey
  Johnson
  Macoupin
  Marion
  Massac
  Montgomery
  Morgan
  Perry
  Pike
  Pope
  Pulaski
  Randolph
  Saline
  Scott
  Union
  Washington
  Wayne
  Williamson
Missouri:
  Audrain
  Bollinger
  Boone
  Callaway
  Cape Girardeau
  Clark
  Cole
  Crawford
  Gasconade
  Knox

[[Page 21516]]

 
  Lewis
  Lincoln
  Marion
  Moniteau
  Monroe
  Montgomery
  Osage
  Perry
  Pike
  Ralls
  Randolph
  St. Francois
  Ste. Genevieve
  Scotland
  Shelby
  Warren
  Washington
                            Southern Missouri
                               Survey Area
Missouri:
  Christian
  Greene
  Laclede
  Phelps
  Pulaski
  Webster
                 Area of Application. Survey area plus:
Kansas:
  Cherokee
  Crawford
Missouri:
  Barry
  Barton
  Benton
  Butler
  Camden
  Carter
  Cedar
  Dade
  Dallas
  Dent
  Douglas
  Hickory
  Howell
  Iron
  Jasper
  Lawrence
  Madison
  Maries
  Miller
  Mississippi
  Morgan
  New Madrid
  Newton
  Oregon
  Ozark
  Polk
  Reynolds
  Ripley
  St. Clair
  Scott
  Shannon
  Stoddard
  Stone
  Taney
  Texas
  Vernon
  Wayne
  Wright
 
                                * * * * *
                               NEW MEXICO
                               Albuquerque
                               Survey Area
New Mexico:
  Bernalillo
  Sandoval
                 Area of Application. Survey area plus:
New Mexico:
  Catron
  Cibola
  Colfax
  Curry
  De Baca
  Guadalupe
  Harding
  Lincoln (Does not include White Sands Missile Range portion)
  Los Alamos
  Mora
  Quay
  Rio Arriba
  Roosevelt
  San Miguel
  Santa Fe
  Socorro (Does not include White Sands Missile Range portion)
  Taos
  Torrance
  Union
  Valencia
 
                                * * * * *
                                  OHIO
 
                                * * * * *
                                Cleveland
                               Survey Area
Ohio:
  Cuyahoga
  Geauga
  Lake
  Medina
                 Area of Application. Survey area plus:
Ohio:
  Ashland
  Ashtabula
  Carroll
  Columbiana
  Erie
  Huron
  Lorain
  Mahoning
  Ottawa
  Portage
  Sandusky
  Seneca
  Stark
  Summit
  Trumbull
  Wayne
Pennsylvania:
  Mercer
 
                                * * * * *
                              PENNSYLVANIA
 
                                * * * * *
                               Pittsburgh
                               Survey Area
Ohio:Pennsylvania:
  Allegheny
  Beaver
  Butler
  Washington
  Westmoreland
                 Area of Application. Survey area plus:
Ohio:
  Belmont
  Harrison
  Jefferson
  Tuscarawas
Pennsylvania:
  Armstrong
  Bedford
  Blair
  Cambria
  Cameron
  Centre
  Clarion
  Clearfield
  Clinton
  Crawford
  Elk (Does not include the Allegheny National Forest portion)
  Erie
  Fayette
  Forest (Does not include the Allegheny National Forest portion)
  Greene
  Huntingdon
  Indiana
  Jefferson
  Lawrence
  Potter
  Somerset
  Venango
West Virginia:
  Brooke
  Hancock
  Marshall
  Ohio
 
                                * * * * *
                                  TEXAS
 
                                * * * * *
                                 El Paso
                               Survey Area
New Mexico:
  Dona Ana
  Otero
Texas:
  El Paso
                 Area of Application. Survey area plus:
New Mexico:
  Chaves
  Eddy
  Grant
  Hidalgo
  Lincoln (Only White Sands Missile Range portion)
  Luna
  Sierra
  Socorro (Only White Sands Missile Range portion)
Texas:
  Culberson

[[Page 21517]]

 
  Hudspeth
 
                                * * * * *
 

[FR Doc. 2013-08518 Filed 4-10-13; 8:45 am]
BILLING CODE 6325-39-P
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