Prevailing Rate Systems; Definition of San Mateo County, California, to a Nonappropriated Fund Federal Wage System Wage Area, 1133-1134 [2023-00108]
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Rules and Regulations
Federal Register
Vol. 88, No. 5
Monday, January 9, 2023
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.
OFFICE OF PERSONNEL
MANAGEMENT
RIN 3206–AO46
Prevailing Rate Systems; Definition of
San Mateo County, California, to a
Nonappropriated Fund Federal Wage
System Wage Area
Office of Personnel
Management.
ACTION: Final rule.
AGENCY:
The Office of Personnel
Management (OPM) is issuing a final
rule to define San Mateo County,
California, as an area of application
county to the Monterey, CA,
nonappropriated fund (NAF) Federal
Wage System (FWS) wage area. This
change is necessary because there are
three NAF FWS employees working in
San Mateo County, and the county is
not currently defined to a NAF wage
area.
SUMMARY:
Effective date: This regulation is
effective February 8, 2023. Applicability
date: This change applies on the first
day of the first applicable pay period
beginning on or after February 8, 2023.
FOR FURTHER INFORMATION CONTACT: Ana
Paunoiu, by telephone at (202) 606–
2858 or by email at pay-leave-policy@
opm.gov.
DATES:
On
September 21, 2022, OPM issued a
proposed rule (87 FR 57651) to define
San Mateo County, California, as an area
of application county to the Monterey,
CA, NAF FWS wage area.
The Federal Prevailing Rate Advisory
Committee (FPRAC), the national labormanagement committee responsible for
advising OPM on matters concerning
the pay of FWS employees, reviewed
and recommended these changes by
consensus.
The 30-day comment period ended on
October 21, 2022. OPM received one
comment in support of the proposal to
lotter on DSK11XQN23PROD with RULES1
SUPPLEMENTARY INFORMATION:
15:50 Jan 06, 2023
requirements subject to the Paperwork
Reduction Act.
Regulatory Impact Analysis
List of Subjects in 5 CFR Part 532
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order (E.O.) 12866 (58 FR
51735, October 4, 1993) and is therefore
not subject to review under E.O. 12866
and 13563 (76 FR 3821, January 21,
2011).
Administrative practice and
procedure, Freedom of information,
Government employees, Reporting and
recordkeeping requirements, Wages.
Regulatory Flexibility Act
5 CFR Part 532
VerDate Sep<11>2014
define San Mateo County, CA, to the
Monterey, CA wage area.
Jkt 259001
OPM certifies that this rule will not
have a significant economic impact on
a substantial number of small entities
because they will affect only Federal
agencies and employees.
Federalism
Civil Justice Reform
This regulation meets the applicable
standard set forth in Executive Order
12988.
Unfunded Mandates Act of 1995
This rule will not result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any year and it will not significantly
or uniquely affect small governments.
Therefore, no actions were deemed
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
Congressional Review Act
This action pertains to agency
management, personnel, and
organization and does not substantially
affect the rights or obligations of
nonagency parties and, accordingly, is
not a ‘‘rule’’ as that term is used by the
Congressional Review Act (Subtitle E of
the Small Business Regulatory
Enforcement Fairness Act of 1996
(SBREFA)). Therefore, the reporting
requirement of 5 U.S.C. 801 does not
apply.
Paperwork Reduction Act
This rule does not impose any new
reporting or record-keeping
Frm 00001
Accordingly, OPM is proposing to
amend 5 CFR part 532 as follows:
PART 532—PREVAILING RATE
SYSTEMS
1. The authority citation for part 532
continues to read as follows:
■
We have examined this rule in
accordance with Executive Order 13132,
Federalism, and have determined that
this rule will not have any negative
impact on the rights, roles and
responsibilities of State, local, or tribal
governments.
PO 00000
Office of Personnel Management.
Stephen Hickman,
Federal Register Liaison.
Fmt 4700
Sfmt 4700
Authority: 5 U.S.C. 5343, 5346; § 532.707
also issued under 5 U.S.C. 552.
2. In Appendix D to subpart B, amend
the table by revising the wage area
listing for the State of California to read
as follows:
■
Appendix D to Subpart B of Part 532—
Nonappropriated Fund Wage and
Survey Areas
*
*
*
*
*
Definitions of Wage Areas and Wage Area
Survey Areas
*
*
*
*
*
*
*
*
CALIFORNIA
Kern
Survey Area
*
*
California:
Kern
Area of Application. Survey area plus:
California:
Fresno
Kings
Los Angeles
Survey Area
California:
Los Angeles
Area of Application. Survey area.
Monterey
Survey Area
California:
Monterey
Area of Application. Survey area plus:
California:
San Mateo
Santa Clara
Orange
Survey Area
California:
Orange
E:\FR\FM\09JAR1.SGM
09JAR1
1134
Federal Register / Vol. 88, No. 5 / Monday, January 9, 2023 / Rules and Regulations
ACTION:
Area of Application. Survey area.
Riverside
Survey Area
California:
Riverside
Area of Application. Survey area.
Sacramento
Survey Area
California:
Sacramento
Area of Application. Survey area plus:
California:
Yuba
Oregon:
Jackson
Klamath
San Bernadino
Survey Area
California:
San Bernadino
Area of Application. Survey area.
San Diego
Survey Area
California:
San Diego
Area of Application. Survey area.
San Joaquin
Survey Area
California:
San Joaquin
Area of Application. Survey area.
Santa Barbara
Survey Area
California:
Santa Barbara
Area of Application. Survey area plus:
California:
San Luis Obispo
Solano
Survey Area
California:
Solano
Area of Application. Survey area plus:
California:
Alameda
Contra Costa
Marin
Napa
San Francisco
Sonoma
Ventura
Survey Area
California:
Ventura
Area of Application. Survey area.
*
*
*
*
The Department of Health and
Human Services (HHS or Department),
through the National Institutes of Health
(NIH), is amending the existing
regulation for the conduct of persons
and traffic on the NIH enclave in
Bethesda, Maryland, to update certain
provisions of the regulation.
DATES: This final rule is effective
February 8, 2023.
FOR FURTHER INFORMATION CONTACT:
Daniel Hernandez, NIH Regulations
Officer, Office of Management
Assessment, NIH, Rockledge 1, 6705
Rockledge Drive, Suite 601, Room 601–
T, Bethesda, MD 20817, MSC 7901, by
email at dhernandez@mail.nih.gov, or
by telephone at 301–435–3343 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
*
[FR Doc. 2023–00108 Filed 1–6–23; 8:45 am]
BILLING CODE 6325–39–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
45 CFR Part 3
[Docket Number—NIH–2020–0002]
lotter on DSK11XQN23PROD with RULES1
RIN 0925–AA67
Conduct of Persons and Traffic on the
National Institutes of Health Federal
Enclave
National Institutes of Health,
Department of Health and Human
Services (HHS).
AGENCY:
VerDate Sep<11>2014
15:50 Jan 06, 2023
Jkt 259001
Final rule.
On November 16, 2020, the
Department of Health and Human
Services (HHS or Department) issued a
direct final rule (85 FR 72899) amending
certain regulations, as part of its
Regulatory Clean Up Initiative, to make
miscellaneous corrections, including
correcting references to other
regulations, misspellings and other
typographical errors. These corrections
included changes to the regulation
codified at 45 CFR part 3 concerning the
conduct of persons and traffic on the
National Institutes of Health Federal
Enclave. With this final rule the
Department makes several additional
changes to 45 CFR part 3 that are
necessary to further update the
regulation. These additional changes
were determined to be necessary
following the review of the regulation
conducted by NIH in 2019.
HHS announced its intention to take
this rulemaking action in the notice of
proposed rulemaking (NPRM) titled
‘‘Conduct of Persons and Traffic on the
National Institutes of Health Federal
Enclave’’ published in the Federal
Register on February 28, 2022 (87 FR
11001). In the NPRM we provided a
sixty-day comment period. The
comment period ended on April 29,
2022.
In the NPRM, we proposed making
several changes to the regulation at 45
CFR part 3 concerning the conduct of
persons and traffic on the National
Institutes of Health Federal Enclave that
are necessary to ensure the regulation is
up to date.
In subpart A of the regulation, we
proposed amending § 3.4 by removing
the last sentence that specifies the
Police Office’s main location and
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
telephone number. The NIH Police
Department may be relocated in the
future under the current campus master
plan. Removing the sentence eliminates
the need in the future to amend the
regulation any time the NIH Police
Department is relocated.
In subpart C of the regulation, we
proposed amending § 3.42 by revising
the last sentence of paragraph (b) to
update several terms. The existing last
sentence states that the use of a dog by
a handicapped person to assist that
person is authorized. We proposed
updating this sentence by replacing the
term ‘‘dog’’ with the term ‘‘service
animal’’. We also proposed to update
this sentence by removing the term
‘‘handicapped person’’ and replacing it
with the term ‘‘a person with a
disability’’ to reflect current and
accepted use of the term.
Additionally, in subpart C, we
proposed amending § 3.42 by revising
paragraph (f) to state that except as part
of an approved medical research
protocol a person may not smoke on the
enclave. The existing language does not
prohibit smoking outside of buildings
on the enclave. As a tobacco-free
campus, NIH does not allow smoking
inside or outside buildings. The change
makes this clear in the regulation.
In subpart D, we proposed amending
§ 3.61 by revising paragraph (a) to state
that a person found guilty of violating
any provision of the regulation in this
part is subject to a fine or imprisonment
of not more than thirty days or both, for
each violation (Pub. L. 107–296,
Homeland Security Act of 2002). The
United States District Court for the
District of Maryland determines the
fine/fee schedule for violations of 45
CFR part 3. Traffic related violations on
the NIH Federal enclave are covered by
the Maryland District Court. Not stating
a specific dollar amount for the fine in
paragraph (a) eliminates any future need
to amend the regulation when
incremental increases in the fine
amount occur. Information regarding 45
CFR part 3 violations can be found
through the United States Attorney’s
Office for the District of Maryland or the
United States Central Violations Bureau
in San Antonio, Texas.
II. Summary of Public Comments
We did not receive any comments in
response to the NPRM. Consequently,
we did not make any changes to what
we proposed in the previous NPRM.
The final rule is the same as what we
proposed in the previous NPRM.
We provide the following as public
information.
E:\FR\FM\09JAR1.SGM
09JAR1
]]>Agencies
[Federal Register Volume 88, Number 5 (Monday, January 9, 2023)]
[Rules and Regulations]
[Pages 1133-1134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00108]
========================================================================
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.
========================================================================
Federal Register / Vol. 88, No. 5 / Monday, January 9, 2023 / Rules
and Regulations
[[Page 1133]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 532
RIN 3206-AO46
Prevailing Rate Systems; Definition of San Mateo County,
California, to a Nonappropriated Fund Federal Wage System Wage Area
AGENCY: Office of Personnel Management.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management (OPM) is issuing a final
rule to define San Mateo County, California, as an area of application
county to the Monterey, CA, nonappropriated fund (NAF) Federal Wage
System (FWS) wage area. This change is necessary because there are
three NAF FWS employees working in San Mateo County, and the county is
not currently defined to a NAF wage area.
DATES: Effective date: This regulation is effective February 8, 2023.
Applicability date: This change applies on the first day of the first
applicable pay period beginning on or after February 8, 2023.
FOR FURTHER INFORMATION CONTACT: Ana Paunoiu, by telephone at (202)
606-2858 or by email at [email protected].
SUPPLEMENTARY INFORMATION: On September 21, 2022, OPM issued a proposed
rule (87 FR 57651) to define San Mateo County, California, as an area
of application county to the Monterey, CA, NAF FWS wage area.
The Federal Prevailing Rate Advisory Committee (FPRAC), the
national labor-management committee responsible for advising OPM on
matters concerning the pay of FWS employees, reviewed and recommended
these changes by consensus.
The 30-day comment period ended on October 21, 2022. OPM received
one comment in support of the proposal to define San Mateo County, CA,
to the Monterey, CA wage area.
Regulatory Impact Analysis
This action is not a ``significant regulatory action'' under the
terms of Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993)
and is therefore not subject to review under E.O. 12866 and 13563 (76
FR 3821, January 21, 2011).
Regulatory Flexibility Act
OPM certifies that this rule will not have a significant economic
impact on a substantial number of small entities because they will
affect only Federal agencies and employees.
Federalism
We have examined this rule in accordance with Executive Order
13132, Federalism, and have determined that this rule will not have any
negative impact on the rights, roles and responsibilities of State,
local, or tribal governments.
Civil Justice Reform
This regulation meets the applicable standard set forth in
Executive Order 12988.
Unfunded Mandates Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any year and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
Congressional Review Act
This action pertains to agency management, personnel, and
organization and does not substantially affect the rights or
obligations of nonagency parties and, accordingly, is not a ``rule'' as
that term is used by the Congressional Review Act (Subtitle E of the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)).
Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.
Paperwork Reduction Act
This rule does not impose any new reporting or record-keeping
requirements subject to the Paperwork Reduction Act.
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.
Stephen Hickman,
Federal Register Liaison.
Accordingly, OPM is proposing to amend 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. In Appendix D to subpart B, amend the table by revising the wage
area listing for the State of California to read as follows:
Appendix D to Subpart B of Part 532--Nonappropriated Fund Wage and
Survey Areas
* * * * *
Definitions of Wage Areas and Wage Area Survey Areas
* * * * *
* * * * *
CALIFORNIA
Kern
Survey Area
California:
Kern
Area of Application. Survey area plus:
California:
Fresno
Kings
Los Angeles
Survey Area
California:
Los Angeles
Area of Application. Survey area.
Monterey
Survey Area
California:
Monterey
Area of Application. Survey area plus:
California:
San Mateo
Santa Clara
Orange
Survey Area
California:
Orange
[[Page 1134]]
Area of Application. Survey area.
Riverside
Survey Area
California:
Riverside
Area of Application. Survey area.
Sacramento
Survey Area
California:
Sacramento
Area of Application. Survey area plus:
California:
Yuba
Oregon:
Jackson
Klamath
San Bernadino
Survey Area
California:
San Bernadino
Area of Application. Survey area.
San Diego
Survey Area
California:
San Diego
Area of Application. Survey area.
San Joaquin
Survey Area
California:
San Joaquin
Area of Application. Survey area.
Santa Barbara
Survey Area
California:
Santa Barbara
Area of Application. Survey area plus:
California:
San Luis Obispo
Solano
Survey Area
California:
Solano
Area of Application. Survey area plus:
California:
Alameda
Contra Costa
Marin
Napa
San Francisco
Sonoma
Ventura
Survey Area
California:
Ventura
Area of Application. Survey area.
* * * * *
[FR Doc. 2023-00108 Filed 1-6-23; 8:45 am]
BILLING CODE 6325-39-P
