Prevailing Rate Systems; Redefinition of the Arapahoe-Denver, Colorado, Nonappropriated Fund Federal Wage System Wage Area, 36720-36721 [2024-09669]

Download as PDF 36720 Proposed Rules Federal Register Vol. 89, No. 87 Friday, May 3, 2024 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 532 [Docket ID: OPM–2024–0010] RIN 3206–AO67 Prevailing Rate Systems; Redefinition of the Arapahoe-Denver, Colorado, Nonappropriated Fund Federal Wage System Wage Area Office of Personnel Management. ACTION: Proposed rule. AGENCY: The Office of Personnel Management (OPM) is proposing a rule to remove Denver County, CO, from the Arapahoe-Denver, CO, nonappropriated fund (NAF) Federal Wage System (FWS) wage area. In addition, OPM proposes to change the name of the ArapahoeDenver NAF FWS wage area to Arapahoe. These changes are necessary because no NAF FWS employment has been reported in Denver County since 2018. SUMMARY: Send comments on or before June 3, 2024. ADDRESSES: You may submit comments, identified by docket number and/or Regulatory Information Number (RIN) and title, by the following method: • Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. All submissions received must include the agency name and docket number or RIN for this document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing at https:// www.regulations.gov without change, including any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: Ana Paunoiu, by telephone at (202) 606– 2858 or by email at paypolicy@opm.gov. SUPPLEMENTARY INFORMATION: Under 5 CFR 532.219, OPM may establish an NAF wage area when there are a lotter on DSK11XQN23PROD with PROPOSALS1 DATES: VerDate Sep<11>2014 17:28 May 02, 2024 Jkt 262001 minimum of 26 NAF wage employees in the survey area, a local activity has the capability to host annual local wage surveys, and the survey area has at least 1,800 private enterprise employees in establishments within survey specifications. The Arapahoe-Denver, CO, NAF wage area is presently composed of two survey area counties, Arapahoe and Denver Counties, CO, and one area of application county, Mesa County, CO. The Department of Defense (DOD) notified OPM that the Defense Finance Cafeteria that was located in Denver County closed in 2010 and the Denver Outpatient Clinic moved to Arapahoe County in 2018. This leaves no NAF FWS employment in Denver County. Under 5 U.S.C. 5343(a)(1)(B)(i), NAF wage areas ‘‘shall not extend beyond the immediate locality in which the particular prevailing rate employees are employed.’’ Therefore, Denver County should not be defined as part of an NAF wage area. With the removal of Denver County, the renamed Arapahoe wage area would consist of one survey county, Arapahoe County, CO, and one area of application county, Mesa County, CO. DOD indicates that there are about 65 NAF FWS employees working in the survey area, and the area has a local activity, Buckley Space Force Base, capable of hosting the wage survey. There are also 4 NAF FWS employees in Mesa County. The Federal Prevailing Rate Advisory Committee, the national labormanagement committee responsible for advising OPM on matters concerning the pay of FWS employees, recommended these changes by consensus. These changes would be effective on the first day of the first applicable pay period beginning on or after 30 days following publication of the final regulations. Expected Impact of This Proposed Rule Under 5 U.S.C. 5343, OPM has the authority and responsibility to define the boundaries of NAF FWS wage areas. Any changes in wage area definitions can have the long-term effect of increasing pay for Federal employees in affected locations. OPM expects this proposed rule will have no impact on approximately 69 NAF FWS employees. OPM does not anticipate this proposed rule will substantially impact local economies or have a large impact in local labor markets. However, OPM is PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 requesting comment in this proposed rule regarding the impact. As this and future wage area changes may impact higher volumes of employees in geographical areas and could rise to the level of impacting local labor markets, OPM will continue to study the implications of such impacts in this or future rules as needed. Regulatory Review OPM has examined the impact of this rulemaking as required by Executive Orders 12866, 13563, and 14094, which direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). OMB has determined that this rulemaking is not a ‘‘significant regulatory action’’ under section 3(f) of Executive Order 12866, as amended by Executive Order 14094. Regulatory Flexibility Act The Director of OPM certifies that this rulemaking will not have a significant economic impact on a substantial number of small entities. Federalism OPM has examined this rulemaking in accordance with Executive Order 13132, Federalism, and has determined that this proposed rule will not have any negative impact on the rights, roles and responsibilities of state, local, or tribal governments. Civil Justice Reform This rulemaking meets the applicable standard set forth in Executive Order 12988. Unfunded Mandates Act of 1995 This rulemaking 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. E:\FR\FM\03MYP1.SGM 03MYP1 Federal Register / Vol. 89, No. 87 / Friday, May 3, 2024 / Proposed Rules Paperwork Reduction Act of 1995 DEPARTMENT OF THE TREASURY This rulemaking does not impose any reporting or recordkeeping requirements subject to the Paperwork Reduction Act. United States Mint List of Subjects in 5 CFR Part 532 Exchange of Coin Administrative practice and procedure, Freedom of information, Government employees, Reporting and recordkeeping requirements, Wages. AGENCY: Office Of Personnel Management. Kayyonne Marston, Federal Register Liaison. 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. In appendix D to subpart B, amend the table by revising the wage area listing for the State of Colorado 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 * * * COLORADO Arapahoe Survey Area * * lotter on DSK11XQN23PROD with PROPOSALS1 Colorado: Arapahoe Area of Application. Survey area plus: Colorado: Mesa El Paso Survey Area Colorado: El Paso Area of Application. Survey area plus: Colorado: Bent Otero Pueblo * * * * [FR Doc. 2024–09669 Filed 5–2–24; 8:45 am] BILLING CODE 6325–39–P VerDate Sep<11>2014 17:28 May 02, 2024 Jkt 262001 United States Mint, Department of the Treasury. ACTION: Notice of proposed rulemaking; withdrawal of proposed rule. The United States Mint proposes to remove its regulations relating to the exchange of bent and partial coin. The proposed removal will end the exchange program for bent and partial coin. This document also withdraws the notice of proposed rulemaking relating to these same regulations that was published in the Federal Register for May 5, 2021. DATES: Comment due date: July 2, 2024. Withdrawal: As of May 3, 2024 the proposed rule published May 5, 2021, at 86 FR 23877 is withdrawn. ADDRESSES: The United States Mint invites comments on all aspects of this proposed revision. You may send comments by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for sending comments. • Mail: Submit all written comments to Mutilated Coin Redemption Program; Manufacturing Directorate; United States Mint; 801 9th Street NW; Washington, DC 20220. • Hand Delivery/Courier: Same as mail address. Instructions: All submissions received must include the agency name for this rulemaking. All comments received will be posted without change to regulations.gov, including any personal information provided. FOR FURTHER INFORMATION CONTACT: Apryl Whitaker, Senior Legal Counsel, Office of the Chief Counsel, United States Mint, at (202) 354–7938 or rulemaking@usmint.treas.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Accordingly, OPM is proposing to amend 5 CFR part 532 as follows: * 31 CFR Part 100 I. Background * The Treasury regulations appearing at 31 CFR 100.11, are promulgated under 31 U.S.C. 5120, and relate to the exchange of bent and partial coin. The last amendment to 31 CFR part 100, subpart C, was on December 20, 2017. On May 5, 2021, the United States Mint issued a notice of proposed rulemaking, proposing certain revisions to these regulations (86 FR 23877). Since then, the United States Mint has decided to PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 36721 close the bent and partial coin exchange program. II. This Proposed Rule For many years, the United States Mint has redeemed bent and partial coins for full face value. However, in recent years, the volume of coins submitted for possible redemption has greatly increased, and there is no practical way for the United States Mint to expand the resources devoted to the program to meet the full level of demand. This is particularly true where submissions must be carefully evaluated to ensure that counterfeit coins are not accepted to the program and where the condition of many coins, particularly large volumes of coins damaged by recycling or industrial processes, makes authentication difficult and timeconsuming. An increasing number of counterfeits has been identified in imported coins intercepted by law enforcement in recent years, as well in as several large submissions to the Mutilated Coin Redemption Program. The United States Mint Philadelphia facility’s capacity to process mutilated coins is limited by physical storage capacity, caseload complexity, and workload. Authentication procedures require extensive time and resources. The United States Mint has dedicated substantial time and resources to the bent and partial coin exchange program, in addition to operating the program at a loss by paying out face value for redemptions. With the closure of the exchange program, these resources could instead be redirected toward the United States Mint’s core mission of manufacturing and distributing circulating, precious metal, and collectible coins and national medals, and providing security over assets entrusted to the United States Mint. The melting of dimes, quarters, halfdollar, and dollar coins is not regulated by the United States Mint. The public may melt and reuse certain coins consistent with 31 CFR part 82. While there is a prohibition against melting pennies and nickels, there is a specific exception at 31 CFR 82.2 for coins melted or treated incidental to recycling other materials if (1) the coins were not added to the other materials for their metallurgical value, (2) the volumes of the coins, relative to the volumes of the other materials recycled, makes it clear that the presence of such coins is merely incidental, and (3) the separation of the coins from the other materials would be impracticable or cost prohibitive. See 31 CFR 82.2(c). This exception extends to the melting of coins that become mutilated due to treatment that is itself within the scope of the exception. If an E:\FR\FM\03MYP1.SGM 03MYP1

Agencies

[Federal Register Volume 89, Number 87 (Friday, May 3, 2024)]
[Proposed Rules]
[Pages 36720-36721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09669]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 89, No. 87 / Friday, May 3, 2024 / Proposed 
Rules

[[Page 36720]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

[Docket ID: OPM-2024-0010]
RIN 3206-AO67


Prevailing Rate Systems; Redefinition of the Arapahoe-Denver, 
Colorado, Nonappropriated Fund Federal Wage System Wage Area

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

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

SUMMARY: The Office of Personnel Management (OPM) is proposing a rule 
to remove Denver County, CO, from the Arapahoe-Denver, CO, 
nonappropriated fund (NAF) Federal Wage System (FWS) wage area. In 
addition, OPM proposes to change the name of the Arapahoe-Denver NAF 
FWS wage area to Arapahoe. These changes are necessary because no NAF 
FWS employment has been reported in Denver County since 2018.

DATES: Send comments on or before June 3, 2024.

ADDRESSES: You may submit comments, identified by docket number and/or 
Regulatory Information Number (RIN) and title, by the following method:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
    All submissions received must include the agency name and docket 
number or RIN for this document. The general policy for comments and 
other submissions from members of the public is to make these 
submissions available for public viewing at https://www.regulations.gov 
without change, including any personal identifiers or contact 
information.

FOR FURTHER INFORMATION CONTACT: Ana Paunoiu, by telephone at (202) 
606-2858 or by email at [email protected].

SUPPLEMENTARY INFORMATION: Under 5 CFR 532.219, OPM may establish an 
NAF wage area when there are a minimum of 26 NAF wage employees in the 
survey area, a local activity has the capability to host annual local 
wage surveys, and the survey area has at least 1,800 private enterprise 
employees in establishments within survey specifications. The Arapahoe-
Denver, CO, NAF wage area is presently composed of two survey area 
counties, Arapahoe and Denver Counties, CO, and one area of application 
county, Mesa County, CO. The Department of Defense (DOD) notified OPM 
that the Defense Finance Cafeteria that was located in Denver County 
closed in 2010 and the Denver Outpatient Clinic moved to Arapahoe 
County in 2018. This leaves no NAF FWS employment in Denver County. 
Under 5 U.S.C. 5343(a)(1)(B)(i), NAF wage areas ``shall not extend 
beyond the immediate locality in which the particular prevailing rate 
employees are employed.'' Therefore, Denver County should not be 
defined as part of an NAF wage area.
    With the removal of Denver County, the renamed Arapahoe wage area 
would consist of one survey county, Arapahoe County, CO, and one area 
of application county, Mesa County, CO. DOD indicates that there are 
about 65 NAF FWS employees working in the survey area, and the area has 
a local activity, Buckley Space Force Base, capable of hosting the wage 
survey. There are also 4 NAF FWS employees in Mesa County.
    The Federal Prevailing Rate Advisory Committee, the national labor-
management committee responsible for advising OPM on matters concerning 
the pay of FWS employees, recommended these changes by consensus. These 
changes would be effective on the first day of the first applicable pay 
period beginning on or after 30 days following publication of the final 
regulations.

Expected Impact of This Proposed Rule

    Under 5 U.S.C. 5343, OPM has the authority and responsibility to 
define the boundaries of NAF FWS wage areas. Any changes in wage area 
definitions can have the long-term effect of increasing pay for Federal 
employees in affected locations. OPM expects this proposed rule will 
have no impact on approximately 69 NAF FWS employees. OPM does not 
anticipate this proposed rule will substantially impact local economies 
or have a large impact in local labor markets. However, OPM is 
requesting comment in this proposed rule regarding the impact. As this 
and future wage area changes may impact higher volumes of employees in 
geographical areas and could rise to the level of impacting local labor 
markets, OPM will continue to study the implications of such impacts in 
this or future rules as needed.

Regulatory Review

    OPM has examined the impact of this rulemaking as required by 
Executive Orders 12866, 13563, and 14094, which direct agencies to 
assess all costs and benefits of available regulatory alternatives and, 
if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
OMB has determined that this rulemaking is not a ``significant 
regulatory action'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094.

Regulatory Flexibility Act

    The Director of OPM certifies that this rulemaking will not have a 
significant economic impact on a substantial number of small entities.

Federalism

    OPM has examined this rulemaking in accordance with Executive Order 
13132, Federalism, and has determined that this proposed rule will not 
have any negative impact on the rights, roles and responsibilities of 
state, local, or tribal governments.

Civil Justice Reform

    This rulemaking meets the applicable standard set forth in 
Executive Order 12988.

Unfunded Mandates Act of 1995

    This rulemaking 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.

[[Page 36721]]

Paperwork Reduction Act of 1995

    This rulemaking does not impose any reporting or recordkeeping 
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.
Kayyonne Marston,
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 Colorado 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
 
 
 
 
                                * * * * *
                                COLORADO
                                Arapahoe
                               Survey Area
Colorado:
  Arapahoe
                 Area of Application. Survey area plus:
Colorado:
      Mesa
                                 El Paso
                               Survey Area
Colorado:
    El Paso
                 Area of Application. Survey area plus:
Colorado:
  Bent
  Otero
  Pueblo
 
                                * * * * *
 

[FR Doc. 2024-09669 Filed 5-2-24; 8:45 am]
BILLING CODE 6325-39-P
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