Prevailing Rate Systems; Redefinition of the New York, NY, and Philadelphia, PA, Appropriated Fund Federal Wage System Wage Areas, 86249-86250 [2016-28769]
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86249
Rules and Regulations
Federal Register
Vol. 81, No. 230
Wednesday, November 30, 2016
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–AN29
Prevailing Rate Systems; Redefinition
of the New York, NY, and Philadelphia,
PA, Appropriated Fund Federal Wage
System Wage Areas
U.S. Office of Personnel
Management.
ACTION: Final rule.
AGENCY:
The U.S. Office of Personnel
Management (OPM) is issuing a final
rule to redefine the geographic
boundaries of the New York, NY, and
Philadelphia, PA, appropriated fund
Federal Wage System (FWS) wage areas.
The final rule will address an
anomalous situation affecting Joint Base
McGuire-Dix-Lakehurst. Portions of the
Joint Base are currently defined to the
Philadelphia wage area and to the New
York wage area. OPM has developed a
new criterion for defining wage areas to
address this unique situation so that the
entire Joint Base is covered by a single
wage schedule.
DATES: Effective date: This regulation is
effective on November 30, 2016.
Applicability date: This change
applies on the first day of the first
applicable pay period beginning on or
after December 30, 2016.
FOR FURTHER INFORMATION CONTACT:
Madeline Gonzalez, by telephone at
(202) 606–2838 or by email at pay-leavepolicy@opm.gov.
SUPPLEMENTARY INFORMATION: On July
20, 2016, OPM issued a proposed rule
(81 FR 47049) to redefine the Joint Base
McGuire-Dix-Lakehurst portions of
Burlington County, NJ, and Ocean
County, NJ, that are currently defined to
the Philadelphia, PA, wage area to the
New York, NY, wage area so that the
entire Joint Base is covered by a single
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:13 Nov 29, 2016
Jkt 241001
FWS wage schedule. This change is
based on a majority recommendation of
the Federal Prevailing Rate Advisory
Committee (FPRAC), the national labormanagement committee responsible for
advising OPM on the administration of
the FWS.
The 30-day comment period ended on
August 19, 2016. OPM received
comments from several hundred Federal
employees, several Members of
Congress, and one agency. Public
comments supported defining the Joint
Base McGuire-Dix-Lakehurst portions of
Burlington County and Ocean County
currently defined to the Philadelphia
wage area to the New York wage area.
Employees stationed at Tobyhanna
Army Depot in northeastern
Pennsylvania asked that OPM also
consider redefining Monroe County, PA,
from the Scranton-Wilkes-Barre, PA,
wage area to the New York wage area.
FPRAC made a separate
recommendation by majority vote in
January 2016 that OPM redefine Monroe
County to the New York wage area.
FPRAC’s recommendation, and the
public comments regarding Tobyhanna
Army Depot, is beyond the scope of this
rule. The intent of this rule is to address
an anomalous situation created when a
contiguous Joint Base overlaps two
metropolitan areas and two FWS wage
areas. The proposed rule’s new criterion
for defining FWS wage area boundaries
has limited applicability and was not
intended to address any other situation.
An agency suggested that instead of
defining a single contiguous Joint Base
that overlaps two wage areas to the wage
area with the most favorable payline,
OPM should in the future consider
basing the wage area definition for a
Joint Base on the part of the Joint Base
with the largest FWS employment
count. The agency expressed concerns
that Joint Bases were established in part
to save costs and the proposed new
criterion would result in higher wage
costs. Although OPM considered this
option when developing the proposed
rule, it was not adopted because the
new proposed criterion follows a
protocol already established in similar
FWS special wage schedule regulations
as an equitable method for
compensating employees stationed at a
small contiguous installation.
In addition, several commenters
questioned the effective date of the
proposed change recommending
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
retroactive applicability. OPM defines
wage areas through regulations in 5 CFR
part 532. Changes in OPM’s regulations
are prospective, not retroactive,
following an appropriate period for
public comment. This change will apply
on the first day of the first applicable
pay period beginning on or after 30 days
following publication of the final
regulations.
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.
Executive Order 13563 and Executive
Order 12866
This final rule has been reviewed by
the Office of Management and Budget in
accordance with Executive Order 13563
and Executive Order 12866.
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.
Beth F. Cobert,
Acting Director.
Accordingly, OPM 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.
Subpart B—Prevailing Rate
Determinations
2. Section 532.211 is amended by
adding a new paragraph (f) to read as
follows:
■
§ 532.211 Criteria for establishing
appropriated fund wage areas.
*
*
*
*
*
(f) A single contiguous military
installation defined as a Joint Base that
would otherwise overlap two separate
wage areas shall be included in only a
single wage area. The wage area of such
a Joint Base shall be defined to be the
wage area with the most favorable
payline based on an analysis of the
simple average of the 15 nonsupervisory
E:\FR\FM\30NOR1.SGM
30NOR1
86250
Federal Register / Vol. 81, No. 230 / Wednesday, November 30, 2016 / Rules and Regulations
second step rates on each one of the
regular wage schedules applicable in the
otherwise overlapped wage areas.
■ 3. Appendix C to subpart B is
amended by revising the wage area
listing for the New York, NY, and
Philadelphia, PA, 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
*
*
sradovich on DSK3GMQ082PROD with RULES
*
*
*
*
*
*
New Jersey:
Burlington (Excluding the Joint Base
McGuire-Dix-Lakehurst portion)
Camden
Gloucester
Pennsylvania:
Bucks
Chester
Delaware
Montgomery
Philadelphia
Area of Application. Survey area plus:
New Jersey:
VerDate Sep<11>2014
16:13 Nov 29, 2016
*
*
*
*
BILLING CODE 6325–39–P
DEPARTMENT OF THE TREASURY
*
*
PENNSYLVANIA
*
Philadelphia
Survey Area
*
[FR Doc. 2016–28769 Filed 11–29–16; 8:45 am]
*
New Jersey:
Bergen
Essex
Hudson
Middlesex
Morris
Passaic
Somerset
Union
New York:
Bronx
Kings
Nassau
New York
Orange
Queens
Suffolk
Westchester
Area of Application. Survey area plus:
New Jersey:
Burlington (Joint Base McGuire-DixLakehurst portion only)
Hunterdon
Monmouth
Ocean
Sussex
New York:
Dutchess
Putnam
Richmond
Rockland
Pennsylvania:
Pike
*
Atlantic
Cape May
Cumberland
Mercer
Warren
Pennsylvania:
Carbon
Lehigh
Northampton
Jkt 241001
Office of the Comptroller of the
Currency
12 CFR Part 34
[Docket No. OCC–2015–0021]
RIN 1557–AD99
FEDERAL RESERVE SYSTEM
12 CFR Part 226
[Docket No. R–1443]
RIN 7100–AD 90
BUREAU OF CONSUMER FINANCIAL
PROTECTION
12 CFR Part 1026
[Docket No. CFPB–2016–0035]
RIN 3170–AA68
Appraisals for Higher-Priced Mortgage
Loans Exemption Threshold
Board of Governors of the
Federal Reserve System (Board); Bureau
of Consumer Financial Protection
(Bureau); and Office of the Comptroller
of the Currency, Treasury (OCC).
ACTION: Final rules, official
interpretations and commentary.
AGENCY:
The OCC, the Board, and the
Bureau are finalizing amendments to the
official interpretations for their
regulations that implement section
129H of the Truth in Lending Act
(TILA). Section 129H of TILA
establishes special appraisal
requirements for ‘‘higher-risk
mortgages,’’ termed ‘‘higher-priced
mortgage loans’’ or ‘‘HPMLs’’ in the
agencies’ regulations. The OCC, the
Board, the Bureau, the Federal Deposit
Insurance Corporation (FDIC), the
National Credit Union Administration
(NCUA) and the Federal Housing
Finance Agency (FHFA) (collectively,
the Agencies) issued joint final rules
implementing these requirements,
effective January 18, 2014. The
SUMMARY:
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
Agencies’ rules exempted, among other
loan types, transactions of $25,000 or
less, and required that this loan amount
be adjusted annually based on any
annual percentage increase in the
Consumer Price Index for Urban Wage
Earners and Clerical Workers (CPI–W).
If there is no annual percentage increase
in the CPI–W, the OCC, the Board and
the Bureau will not adjust this
exemption threshold from the prior
year. The final rule will memorialize
this as well as the agencies’ calculation
method for determining the adjustment
in years following a year in which there
is no annual percentage increase in the
CPI–W. Based on the CPI–W in effect as
of June 1, 2016, the exemption threshold
will remain at $25,500 through 2017.
DATES: This final rule is effective
January 1, 2017.
FOR FURTHER INFORMATION CONTACT:
OCC: MaryAnn Nash, Counsel,
Legislative and Regulatory Activities
Division, (202) 649–6287; for persons
who are deaf and hard of hearing TTY,
(202) 649–5597. Board: Lorna M. Neill,
Senior Counsel, Division of Consumer
and Community Affairs, Board of
Governors of the Federal Reserve
System, at (202) 452–3667; for users of
Telecommunications Device for the Deaf
(TDD) only, contact (202) 263–4869.
Bureau: Jaclyn Maier, Counsel, Office of
Regulations, Consumer Financial
Protection Bureau, at (202) 435–7700.
SUPPLEMENTARY INFORMATION:
I. Background
The Dodd-Frank Wall Street Reform
and Consumer Protection Act of 2010
(Dodd-Frank Act) amended the Truth in
Lending Act (TILA) to add special
appraisal requirements for ‘‘higher-risk
mortgages.’’ 1 In January 2013, the
Agencies issued a joint final rule
implementing these requirements and
adopted the term ‘‘higher-priced
mortgage loan’’ (HPML) instead of
‘‘higher-risk mortgage’’ (the January
2013 Final Rule).2 In July 2013, the
Agencies proposed additional
exemptions from the January 2013 Final
Rule (the 2013 Supplemental Proposed
Rule).3 In December 2013, the Agencies
issued a supplemental final rule with
additional exemptions from the January
2013 Final Rule (the December 2013
Supplemental Final Rule).4 Among
other exemptions, the Agencies adopted
an exemption from the new HPML
appraisal rules for transactions of
1 Public Law 111–203 section 1471, 124 Stat.
1376 (2010), codified at TILA section 129H, 15
U.S.C. 1639h.
2 78 FR 10368 (Feb. 13, 2013).
3 78 FR 48548 (Aug. 8, 2013).
4 78 FR 78520 (Dec. 26, 2013).
E:\FR\FM\30NOR1.SGM
30NOR1
]]>Agencies
[Federal Register Volume 81, Number 230 (Wednesday, November 30, 2016)]
[Rules and Regulations]
[Pages 86249-86250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28769]
========================================================================
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. 81, No. 230 / Wednesday, November 30, 2016 /
Rules and Regulations
[[Page 86249]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 532
RIN 3206-AN29
Prevailing Rate Systems; Redefinition of the New York, NY, and
Philadelphia, 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 (OPM) is issuing a
final rule to redefine the geographic boundaries of the New York, NY,
and Philadelphia, PA, appropriated fund Federal Wage System (FWS) wage
areas. The final rule will address an anomalous situation affecting
Joint Base McGuire-Dix-Lakehurst. Portions of the Joint Base are
currently defined to the Philadelphia wage area and to the New York
wage area. OPM has developed a new criterion for defining wage areas to
address this unique situation so that the entire Joint Base is covered
by a single wage schedule.
DATES: Effective date: This regulation is effective on November 30,
2016.
Applicability date: This change applies on the first day of the
first applicable pay period beginning on or after December 30, 2016.
FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, by telephone at
(202) 606-2838 or by email at pay-leave-policy@opm.gov.
SUPPLEMENTARY INFORMATION: On July 20, 2016, OPM issued a proposed rule
(81 FR 47049) to redefine the Joint Base McGuire-Dix-Lakehurst portions
of Burlington County, NJ, and Ocean County, NJ, that are currently
defined to the Philadelphia, PA, wage area to the New York, NY, wage
area so that the entire Joint Base is covered by a single FWS wage
schedule. This change is based on a majority recommendation of the
Federal Prevailing Rate Advisory Committee (FPRAC), the national labor-
management committee responsible for advising OPM on the administration
of the FWS.
The 30-day comment period ended on August 19, 2016. OPM received
comments from several hundred Federal employees, several Members of
Congress, and one agency. Public comments supported defining the Joint
Base McGuire-Dix-Lakehurst portions of Burlington County and Ocean
County currently defined to the Philadelphia wage area to the New York
wage area.
Employees stationed at Tobyhanna Army Depot in northeastern
Pennsylvania asked that OPM also consider redefining Monroe County, PA,
from the Scranton-Wilkes-Barre, PA, wage area to the New York wage
area. FPRAC made a separate recommendation by majority vote in January
2016 that OPM redefine Monroe County to the New York wage area. FPRAC's
recommendation, and the public comments regarding Tobyhanna Army Depot,
is beyond the scope of this rule. The intent of this rule is to address
an anomalous situation created when a contiguous Joint Base overlaps
two metropolitan areas and two FWS wage areas. The proposed rule's new
criterion for defining FWS wage area boundaries has limited
applicability and was not intended to address any other situation.
An agency suggested that instead of defining a single contiguous
Joint Base that overlaps two wage areas to the wage area with the most
favorable payline, OPM should in the future consider basing the wage
area definition for a Joint Base on the part of the Joint Base with the
largest FWS employment count. The agency expressed concerns that Joint
Bases were established in part to save costs and the proposed new
criterion would result in higher wage costs. Although OPM considered
this option when developing the proposed rule, it was not adopted
because the new proposed criterion follows a protocol already
established in similar FWS special wage schedule regulations as an
equitable method for compensating employees stationed at a small
contiguous installation.
In addition, several commenters questioned the effective date of
the proposed change recommending retroactive applicability. OPM defines
wage areas through regulations in 5 CFR part 532. Changes in OPM's
regulations are prospective, not retroactive, following an appropriate
period for public comment. This change will apply on the first day of
the first applicable pay period beginning on or after 30 days following
publication of the final regulations.
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.
Executive Order 13563 and Executive Order 12866
This final rule has been reviewed by the Office of Management and
Budget in accordance with Executive Order 13563 and Executive Order
12866.
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.
Beth F. Cobert,
Acting Director.
Accordingly, OPM 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.
Subpart B--Prevailing Rate Determinations
0
2. Section 532.211 is amended by adding a new paragraph (f) to read as
follows:
Sec. 532.211 Criteria for establishing appropriated fund wage areas.
* * * * *
(f) A single contiguous military installation defined as a Joint
Base that would otherwise overlap two separate wage areas shall be
included in only a single wage area. The wage area of such a Joint Base
shall be defined to be the wage area with the most favorable payline
based on an analysis of the simple average of the 15 nonsupervisory
[[Page 86250]]
second step rates on each one of the regular wage schedules applicable
in the otherwise overlapped wage areas.
0
3. Appendix C to subpart B is amended by revising the wage area listing
for the New York, NY, and Philadelphia, PA, 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 Jersey:
Bergen
Essex
Hudson
Middlesex
Morris
Passaic
Somerset
Union
New York:
Bronx
Kings
Nassau
New York
Orange
Queens
Suffolk
Westchester
Area of Application. Survey area plus:
New Jersey:
Burlington (Joint Base McGuire-Dix-Lakehurst portion only)
Hunterdon
Monmouth
Ocean
Sussex
New York:
Dutchess
Putnam
Richmond
Rockland
Pennsylvania:
Pike
* * * * *
PENNSYLVANIA
* * * * *
Philadelphia
Survey Area
New Jersey:
Burlington (Excluding the Joint Base McGuire-Dix-Lakehurst portion)
Camden
Gloucester
Pennsylvania:
Bucks
Chester
Delaware
Montgomery
Philadelphia
Area of Application. Survey area plus:
New Jersey:
Atlantic
Cape May
Cumberland
Mercer
Warren
Pennsylvania:
Carbon
Lehigh
Northampton
* * * * *
[FR Doc. 2016-28769 Filed 11-29-16; 8:45 am]
BILLING CODE 6325-39-P
