Prevailing Rate Systems; Redefinition of Certain Appropriated Fund Federal Wage System Wage Areas, 86561-86563 [2016-28784]

Download as PDF Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Rules and Regulations PART 330—RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL) 1. The authority citation for part 330 continues to read as follows: ■ Authority: 5 U.S.C. 1104, 1302, 3301, 3302, 3304, and 3330; E.O. 10577, 3 CFR, 1954–58 Comp., p. 218; Section 330.103 also issued under 5 U.S.C. 3327; Subpart B also issued under 5 U.S.C. 3315 and 8151; Section 330.401 also issued under 5 U.S.C. 3310; Subparts F and G also issued under Presidential Memorandum on Career Transition Assistance for Federal Employees, September 12, 1995; Subpart G also issued under 5 U.S.C. 8337(h) and 8456(b). 2. Add subpart M, consisting of § 330.1300 to read as follows: ■ PART 731—SUITABILITY Subpart M—Timing of Background Investigations jstallworth on DSK7TPTVN1PROD with RULES A hiring agency may not make specific inquiries concerning an applicant’s criminal or credit background of the sort asked on the OF– 306 or other forms used to conduct suitability investigations for Federal employment (i.e., inquiries into an applicant’s criminal or adverse credit history) unless the hiring agency has made a conditional offer of employment to the applicant. Agencies may make inquiries into an applicant’s Selective Service registration, military service, citizenship status, or previous work history, prior to making a conditional offer of employment to an applicant. However, in certain situations, agencies may have a business need to obtain information about the background of applicants earlier in the hiring process to determine if they meet the qualifications requirements or are suitable for the position being filled. If so, agencies must request an exception from the Office of Personnel Management in order to determine an applicant’s ability to meet qualifications or suitability for Federal employment prior to making a conditional offer of employment to the applicant(s). OPM will grant exceptions only when the agency demonstrates specific job-related reasons why the agency needs to evaluate an applicant’s criminal or adverse credit history earlier in the process or consider the disqualification of candidates with criminal backgrounds or other conduct issues from particular types of positions. OPM will consider such factors as, but not limited to, the nature of the position being filled and whether a clean criminal history record would be essential to the ability to perform one of the duties of the position effectively. 13:50 Nov 30, 2016 Jkt 241001 3. The authority citation for part 731 continues to read as follows: ■ § 330.1300 Timing of suitability inquiries in competitive hiring. VerDate Sep<11>2014 OPM may also consider positions for which the expense of completing the examination makes it appropriate to adjudicate suitability at the outset of the process (e.g., a position that requires that an applicant complete a rigorous training regimen and pass an examination based upon the training before his or her selection can be finalized). A hiring agency must request and receive an OPM-approved exception prior to issuing public notice for a position for which the agency will collect background information prior to completion of the assessment process and the making of a conditional offer of employment. Authority: 5 U.S.C. 1302, 3301, 7301; E.O. 10577, 3 CFR 1954–1958 Comp., p. 218, as amended; E.O. 13467, 3 CFR 2009 Comp., p. 198; E.O. 13488, 3 CFR 2010 Comp., p. 189; 5 CFR parts 1, 2 and 5. 4. In § 731.103, revise paragraph (d) to read as follows: ■ § 731.103 Delegation to agencies. * * * * * (d)(1) A hiring agency may not make specific inquiries concerning an applicant’s criminal or credit background of the sort asked on the OF– 306 or other forms used to conduct suitability investigations for Federal employment (i.e., inquiries into an applicant’s criminal or adverse credit history) unless the hiring agency has made a conditional offer of employment to the applicant. Agencies may make inquiries into an applicant’s Selective Service registration, military service, citizenship status, or previous work history, prior to making a conditional offer of employment to an applicant. However, in certain situations, agencies may have a business need to obtain information about the suitability or background of applicants earlier in the process. If so, agencies must request an exception from the Office of Personnel Management, in accordance with the provisions of 5 CFR part 330 subpart M. (2) OPM reserves the right to undertake a determination of suitability based upon evidence of falsification or fraud relating to an examination or appointment at any point when information giving rise to such a charge is discovered. OPM must be informed in all cases where there is evidence of material, intentional false statements, or deception or fraud in examination or PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 86561 appointment, and OPM will take a suitability action where warranted. * * * * * [FR Doc. 2016–28782 Filed 11–30–16; 8:45 am] BILLING CODE 6325–39–P OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 532 RIN 3206–AN38 Prevailing Rate Systems; Redefinition of Certain 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 several appropriated fund Federal Wage System (FWS) wage areas for pay-setting purposes. Based on reviews of Metropolitan Statistical Area (MSA) boundaries in a number of wage areas, OPM is redefining the following wage areas: Salinas-Monterey, CA; San Francisco, CA; New London, CT; Central and Western Massachusetts; Cincinnati, OH: Dayton, OH, Southeastern Washington-Eastern Oregon; and Spokane, WA. DATES: Effective date: This regulation is effective on December 1, 2016. Applicability date: This change applies on the first day of the first applicable pay period beginning on or after January 3, 2017. FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, by telephone at (202) 606–2858 or by email at pay-leavepolicy@opm.gov. SUPPLEMENTARY INFORMATION: On June 24, 2016, OPM issued a proposed rule (81 FR 41255) to redefine the following counties: • San Benito County, CA, from the Salinas-Monterey, CA, area of application to the San Francisco, CA, area of application; • Windham County, CT, from the New London, CT, area of application to the Central and Western Massachusetts area of application; • Union County, IN; from the Dayton, OH, area of application to the Cincinnati, OH, area of application; • Columbia County, WA, from the Spokane area of application to the Southeastern Washington-Eastern Oregon area of application. The Federal Prevailing Rate Advisory Committee, the national labormanagement committee responsible for SUMMARY: E:\FR\FM\01DER1.SGM 01DER1 86562 Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Rules and Regulations advising OPM on matters concerning the pay of FWS employees, reviewed and recommended these changes by consensus. The 30-day comment period ended on July 25, 2016. OPM received one comment in support of the proposal and one comment requesting OPM consider moving another county in the State of California, Mendocino County, CA, from the Rest of U.S. (RUS) General Schedule (GS) locality pay area to the San JoseSan Francisco-Oakland, CA GS locality pay area. GS and FWS pay areas are administered under different regulations. The comment is therefore beyond the scope of the proposed rule. * * 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 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; § 532.707 also issued under 5 U.S.C. 552. 2. Appendix C to subpart B is amended by revising the wage area listings for the Salinas-Monterey, CA; San Francisco, CA; New London, CT; Central and Western Massachusetts; Cincinnati, OH: Dayton, OH, Southeastern Washington-Eastern Oregon; and Spokane, WA, wage areas to read as follows: ■ Appendix C to Subpart B of Part 532— Appropriated Fund Wage and Survey Areas jstallworth on DSK7TPTVN1PROD with RULES * * * * * CALIFORNIA * * * * Salinas-Monterey Survey Area * California: Monterey Area of Application. Survey area. VerDate Sep<11>2014 13:50 Nov 30, 2016 Jkt 241001 * California: Alameda Contra Costa Marin Napa San Francisco San Mateo Santa Clara Solano Area of Application. Survey area plus: California: Mendocino San Benito Santa Cruz Sonoma * * * * 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. * * San Francisco * * CONNECTICUT * New London Survey Area * * * Connecticut: New London Area of Application. Survey area. * * * * MASSACHUSETTS * * * * * * Central and Western Massachusetts Survey Area Massachusetts: The following cities and towns in: Hampden County Agawam Chicopee East Longmeadow Feeding Hills Hampden Holyoke Longmeadow Ludlow Monson Palmer Southwick Springfield Three Rivers Westfield West Springfield Wilbraham Hampshire County Easthampton Granby Hadley Northampton South Hadley Worcester County Warren West Warren Area of Application. Survey area plus: Connecticut: Windham Massachusetts: Berkshire Franklin Worcester (except Blackstone and Millville) The following cities and towns in: Hampden County Blandford Brimfield PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 Chester Granville Holland Montgomery Russell Tolland Wales Hampshire County Amherst Belchertown Chesterfield Cummington Goshen Hatfield Huntington Middlefield Pelham Plainfield Southampton Ware Westhampton Williamsburg Worthington Middlesex County Ashby Shirley Townsend New Hampshire: Belknap Carroll Cheshire Grafton Hillsborough Merrimack Sullivan Vermont: Addison Bennington Caledonia Essex Lamoille Orange Orleans Rutland Washington Windham Windsor * * * OHIO Cincinnati Survey Area * * Indiana: Dearborn Kentucky: Boone Campbell Kenton Ohio: Clermont Hamilton Warren Area of Application. Survey area plus: Indiana: Franklin Ohio Ripley Switzerland Union Kentucky: Bracken Carroll Gallatin Grant Mason E:\FR\FM\01DER1.SGM 01DER1 Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Rules and Regulations Chelan (Does not include the North Cascades National Park portion) Douglas Ferry Garfield Grant Kittitas (Does not include the Yakima Firing Range portion) Lincoln Okanogan Pend Oreille Stevens Whitman Pendleton Ohio: Adams Brown Butler Highland * * * Dayton * * Ohio: Champaign Clark Greene Miami Montgomery Preble Area of Application. Survey area plus: Indiana: Randolph Wayne Ohio: Auglaize Clinton Darke Logan Shelby jstallworth on DSK7TPTVN1PROD with RULES * * * * WASHINGTON * 13:50 Nov 30, 2016 Jkt 241001 * * * BILLING CODE 6325–39–P COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY RIN 3219–AA00 * Act of 1978, as amended, 5 U.S.C. app.’’ This is a technical modification and does not reflect a substantive change. There were no other modifications made to the proposed rule. For the reasons set forth herein and in the preamble to the proposed rule, CIGIE is publishing this final rule. Executive Orders 12866 and 13563 In promulgating this rule, CIGIE has adhered to the regulatory philosophy and the applicable principles of regulation set forth in section 1 of Executive Order 12866, Regulatory Planning and Review. The Office of Management and Budget (OMB) has determined that this rule is not ‘‘significant’’ under Executive Order 12866. Regulatory Flexibility Act 5 CFR Part 9801 Privacy Act Regulations Council of the Inspectors General on Integrity and Efficiency. ACTION: Final rule. AGENCY: * * * * * Southeastern Washington-Eastern Oregon Survey Area Oregon: Umatilla Washington: Benton Franklin Walla Walla Yakima Area of Application. Survey area plus: Oregon: Baker Grant Harney Malheur Morrow Union Wallowa Wheeler Washington: Columbia Kittitas (Only includes the Yakima Firing Range portion) Spokane Survey Area Washington: Spokane Area of Application. Survey area plus: Idaho: Benewah Bonner Boundary Clearwater Idaho Kootenai Latah Lewis Nez Perce Shoshone Washington: Adams Asotin VerDate Sep<11>2014 * [FR Doc. 2016–28784 Filed 11–30–16; 8:45 am] 86563 These regulations will not have a significant economic impact on a substantial number of small entities. Therefore, a regulatory flexibility analysis as provided by the Regulatory Flexibility Act, as amended, is not required. The Council of the Inspectors General on Integrity and Efficiency (CIGIE) is issuing this final rule to establish its procedures relating to access, maintenance, disclosure, and amendment of records that are in a CIGIE system of records under the Privacy Act of 1974 (Privacy Act). This final rule also establishes rules of conduct for CIGIE personnel who have responsibilities under the Privacy Act. DATES: This final rule is effective January 3, 2017. FOR FURTHER INFORMATION CONTACT: Atticus J. Reaser, General Counsel, CIGIE, (202) 292–2600. SUPPLEMENTARY INFORMATION: Paperwork Reduction Act Background Information Information, Privacy, Privacy Act, Records. For the reasons set forth in the preamble, CIGIE adds part 9801 to title 5 of the Code of Federal Regulations as follows: SUMMARY: CIGIE published a proposed rule in the Federal Register, 81 FR 61628, September 7, 2016, to provide the procedures and guidelines under which CIGIE will implement the Privacy Act. The proposed rule provided a 60-day comment period, which ended on November 7, 2016. CIGIE received one timely and responsive comment, which was submitted by an individual. The comment supported the regulation and reflected no suggested changes. CIGIE is making one technical citation format change. The citation to ‘‘the Inspector General Act of 1978, Public Law 95–452, 92 Stat. 1101 (codified as amended at 5 U.S.C. app)’’ reflected in the proposed rule is being changed in this final rule to ‘‘the Inspector General PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 These regulations impose no additional reporting and recordkeeping requirements. Therefore, clearance by OMB is not required. Federalism (Executive Order 13132) This rule does not have Federalism implications, as set forth in Executive Order 13132. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. List of Subjects in 5 CFR Part 9801 PART 9801—PRIVACY ACT REGULATIONS Subpart A—General Provisions Sec. 9801.101 Purpose and scope. 9801.102 CIGIE organization. 9801.103 Definitions. 9801.104 Rules for determining if an individual is the subject of a record. 9801.105 Employee standards of conduct. 9801.106 Use and collection of social security numbers. 9801.107 Other rights and services. E:\FR\FM\01DER1.SGM 01DER1

Agencies

[Federal Register Volume 81, Number 231 (Thursday, December 1, 2016)]
[Rules and Regulations]
[Pages 86561-86563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28784]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AN38


Prevailing Rate Systems; Redefinition of Certain 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 several 
appropriated fund Federal Wage System (FWS) wage areas for pay-setting 
purposes. Based on reviews of Metropolitan Statistical Area (MSA) 
boundaries in a number of wage areas, OPM is redefining the following 
wage areas: Salinas-Monterey, CA; San Francisco, CA; New London, CT; 
Central and Western Massachusetts; Cincinnati, OH: Dayton, OH, 
Southeastern Washington-Eastern Oregon; and Spokane, WA.

DATES: Effective date: This regulation is effective on December 1, 
2016.
    Applicability date: This change applies on the first day of the 
first applicable pay period beginning on or after January 3, 2017.

FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, by telephone at 
(202) 606-2858 or by email at pay-leave-policy@opm.gov.

SUPPLEMENTARY INFORMATION: On June 24, 2016, OPM issued a proposed rule 
(81 FR 41255) to redefine the following counties:
     San Benito County, CA, from the Salinas-Monterey, CA, area 
of application to the San Francisco, CA, area of application;
     Windham County, CT, from the New London, CT, area of 
application to the Central and Western Massachusetts area of 
application;
     Union County, IN; from the Dayton, OH, area of application 
to the Cincinnati, OH, area of application;
     Columbia County, WA, from the Spokane area of application 
to the Southeastern Washington-Eastern Oregon area of application.
    The Federal Prevailing Rate Advisory Committee, the national labor-
management committee responsible for

[[Page 86562]]

advising OPM on matters concerning the pay of FWS employees, reviewed 
and recommended these changes by consensus.
    The 30-day comment period ended on July 25, 2016. OPM received one 
comment in support of the proposal and one comment requesting OPM 
consider moving another county in the State of California, Mendocino 
County, CA, from the Rest of U.S. (RUS) General Schedule (GS) locality 
pay area to the San Jose-San Francisco-Oakland, CA GS locality pay 
area. GS and FWS pay areas are administered under different 
regulations. The comment is therefore beyond the scope of the proposed 
rule.

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.
Beth F. Cobert,
Acting Director.

    Accordingly, OPM 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.


0
2. Appendix C to subpart B is amended by revising the wage area 
listings for the Salinas-Monterey, CA; San Francisco, CA; New London, 
CT; Central and Western Massachusetts; Cincinnati, OH: Dayton, OH, 
Southeastern Washington-Eastern Oregon; and Spokane, WA, wage areas to 
read as follows:

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

 
                                * * * * *
                               CALIFORNIA
 
                                * * * * *
                            Salinas-Monterey
 
                               Survey Area
 
California:
  Monterey
 
                    Area of Application. Survey area.
 
                                * * * * *
                              San Francisco
 
California:
  Alameda
  Contra Costa
  Marin
  Napa
  San Francisco
  San Mateo
  Santa Clara
  Solano
 
                 Area of Application. Survey area plus:
 
California:
  Mendocino
  San Benito
  Santa Cruz
  Sonoma
 
                                * * * * *
                               CONNECTICUT
 
                                * * * * *
                               New London
 
                               Survey Area
 
Connecticut:
  New London
 
                    Area of Application. Survey area.
 
                                * * * * *
                              MASSACHUSETTS
 
                                * * * * *
                    Central and Western Massachusetts
 
                               Survey Area
 
Massachusetts:
The following cities and towns in:
  Hampden County
  Agawam
  Chicopee
  East Longmeadow
  Feeding Hills
  Hampden
  Holyoke
  Longmeadow
  Ludlow
  Monson
  Palmer
  Southwick
  Springfield
  Three Rivers
  Westfield
  West Springfield
  Wilbraham
  Hampshire County
  Easthampton
  Granby
  Hadley
  Northampton
  South Hadley
  Worcester County
  Warren
  West Warren
 
                 Area of Application. Survey area plus:
 
Connecticut:
  Windham
Massachusetts:
  Berkshire
  Franklin
  Worcester (except Blackstone and Millville)
The following cities and towns in:
  Hampden County
  Blandford
  Brimfield
  Chester
  Granville
  Holland
  Montgomery
  Russell
  Tolland
  Wales
  Hampshire County
  Amherst
  Belchertown
  Chesterfield
  Cummington
  Goshen
  Hatfield
  Huntington
  Middlefield
  Pelham
  Plainfield
  Southampton
  Ware
  Westhampton
  Williamsburg
  Worthington
  Middlesex County
  Ashby
  Shirley
  Townsend
New Hampshire:
  Belknap
  Carroll
  Cheshire
  Grafton
  Hillsborough
  Merrimack
  Sullivan
Vermont:
  Addison
  Bennington
  Caledonia
  Essex
  Lamoille
  Orange
  Orleans
  Rutland
  Washington
  Windham
  Windsor
 
                                * * * * *
                                  OHIO
 
                               Cincinnati
 
                               Survey Area
 
Indiana:
  Dearborn
Kentucky:
  Boone
  Campbell
  Kenton
Ohio:
  Clermont
  Hamilton
  Warren
 
                 Area of Application. Survey area plus:
 
Indiana:
  Franklin
  Ohio
  Ripley
  Switzerland
  Union
Kentucky:
  Bracken
  Carroll
  Gallatin
  Grant
  Mason

[[Page 86563]]

 
  Pendleton
Ohio:
  Adams
  Brown
  Butler
  Highland
 
                                * * * * *
                                 Dayton
 
Ohio:
  Champaign
  Clark
  Greene
  Miami
  Montgomery
  Preble
 
                 Area of Application. Survey area plus:
 
Indiana:
  Randolph
  Wayne
Ohio:
  Auglaize
  Clinton
  Darke
  Logan
  Shelby
 
                                * * * * *
                               WASHINGTON
 
                                * * * * *
                 Southeastern Washington-Eastern Oregon
 
                               Survey Area
 
Oregon:
  Umatilla
Washington:
  Benton
  Franklin
  Walla Walla
  Yakima
 
                 Area of Application. Survey area plus:
 
Oregon:
  Baker
  Grant
  Harney
  Malheur
  Morrow
  Union
  Wallowa
  Wheeler
Washington:
  Columbia
  Kittitas (Only includes the Yakima Firing Range portion)
 
                                 Spokane
 
                               Survey Area
 
Washington:
  Spokane
 
                 Area of Application. Survey area plus:
 
Idaho:
  Benewah
  Bonner
  Boundary
  Clearwater
  Idaho
  Kootenai
  Latah
  Lewis
  Nez Perce
  Shoshone
Washington:
  Adams
  Asotin
  Chelan (Does not include the North Cascades National Park portion)
  Douglas
  Ferry
  Garfield
  Grant
  Kittitas (Does not include the Yakima Firing Range portion)
  Lincoln
  Okanogan
  Pend Oreille
  Stevens
  Whitman
 

* * * * *
[FR Doc. 2016-28784 Filed 11-30-16; 8:45 am]
 BILLING CODE 6325-39-P
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