80_FR_31059 80 FR 30955 - General Schedule Locality Pay Areas

80 FR 30955 - General Schedule Locality Pay Areas

OFFICE OF PERSONNEL MANAGEMENT

Federal Register Volume 80, Issue 104 (June 1, 2015)

Page Range30955-30959
FR Document2015-13135

The U.S. Office of Personnel Management is issuing proposed regulations on behalf of the President's Pay Agent to link the definitions of General Schedule (GS) locality pay area boundaries to updated metropolitan area definitions established by the Office of Management and Budget in February 2013. Under this proposal, locations that would otherwise move to a lower-paying locality pay area due to use of the updated metropolitan area definitions in the locality pay program would remain in their current locality pay area. This proposal does not modify the current commuting and GS employment criteria used in the locality pay program to evaluate, for possible inclusion in a locality pay area, locations adjacent to the metropolitan area comprising the basic locality pay area. However, regarding calculation of commuting interchange rates used to evaluate such locations, the locality pay area definitions proposed in this document reflect use of the commuting patterns data collected as part of the American Community Survey between 2006 and 2010, as recommended by the Federal Salary Council in January 2014. Under this proposal, 13 new locality pay areas would also be established. The Federal Salary Council recommended these 13 locality pay areas after reviewing pay levels in all ``Rest of U.S.'' metropolitan statistical areas and combined statistical areas with 2,500 or more GS employees. The Federal Salary Council found that the percentage difference between GS and non-Federal pay levels for the same levels of work--i.e., the pay disparity--in these 13 locations was substantially greater than the ``Rest of U.S.'' pay disparity over an extended period. The President's Pay Agent has agreed to issue proposed regulations in response to the Federal Salary Council's recommendation to establish the 13 new locality pay areas. Locality pay rates for the new locality pay areas would be set by the President after the new locality pay areas would be established by regulation.

Federal Register, Volume 80 Issue 104 (Monday, June 1, 2015) 
[Federal Register Volume 80, Number 104 (Monday, June 1, 2015)]
[Proposed Rules]
[Pages 30955-30959]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13135]


========================================================================
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. 80, No. 104 / Monday, June 1, 2015 / Proposed 
Rules

[[Page 30955]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 531

RIN 3206-AM88


General Schedule Locality Pay Areas

AGENCY: U.S. Office of Personnel Management.

ACTION: Proposed rule with request for comments.

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

SUMMARY: The U.S. Office of Personnel Management is issuing proposed 
regulations on behalf of the President's Pay Agent to link the 
definitions of General Schedule (GS) locality pay area boundaries to 
updated metropolitan area definitions established by the Office of 
Management and Budget in February 2013. Under this proposal, locations 
that would otherwise move to a lower-paying locality pay area due to 
use of the updated metropolitan area definitions in the locality pay 
program would remain in their current locality pay area. This proposal 
does not modify the current commuting and GS employment criteria used 
in the locality pay program to evaluate, for possible inclusion in a 
locality pay area, locations adjacent to the metropolitan area 
comprising the basic locality pay area. However, regarding calculation 
of commuting interchange rates used to evaluate such locations, the 
locality pay area definitions proposed in this document reflect use of 
the commuting patterns data collected as part of the American Community 
Survey between 2006 and 2010, as recommended by the Federal Salary 
Council in January 2014.
    Under this proposal, 13 new locality pay areas would also be 
established. The Federal Salary Council recommended these 13 locality 
pay areas after reviewing pay levels in all ``Rest of U.S.'' 
metropolitan statistical areas and combined statistical areas with 
2,500 or more GS employees. The Federal Salary Council found that the 
percentage difference between GS and non-Federal pay levels for the 
same levels of work--i.e., the pay disparity--in these 13 locations was 
substantially greater than the ``Rest of U.S.'' pay disparity over an 
extended period. The President's Pay Agent has agreed to issue proposed 
regulations in response to the Federal Salary Council's recommendation 
to establish the 13 new locality pay areas. Locality pay rates for the 
new locality pay areas would be set by the President after the new 
locality pay areas would be established by regulation.

DATES: We must receive comments on or before July 1, 2015.

ADDRESSES: You may submit comments, identified by ``RIN 3206-AM88,'' by 
any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: [email protected]. Include ``RIN 3206-AM88'' in the 
subject line of the message.
    Fax: (202) 606-0824.
    Mail: Brenda L. Roberts, Deputy Associate Director for Pay and 
Leave, Office of Personnel Management, Room 7H31, 1900 E Street NW., 
Washington, DC 20415-8200.

FOR FURTHER INFORMATION CONTACT: Joe Ratcliffe, (202) 606-2838; fax: 
(202) 606-0824; email: [email protected].

SUPPLEMENTARY INFORMATION: Section 5304 of title 5, United States Code 
(U.S.C.), authorizes locality pay for General Schedule (GS) employees 
with duty stations in the United States and its territories and 
possessions. Section 5304(f) of title 5 U.S.C. authorizes the 
President's Pay Agent (the Secretary of Labor, the Director of the 
Office of Management and Budget (OMB), and the Director of the Office 
of Personnel Management (OPM)) to determine locality pay areas. The 
boundaries of locality pay areas must be based on appropriate factors, 
which may include local labor market patterns, commuting patterns, and 
the practices of other employers. The Pay Agent must give thorough 
consideration to the views and recommendations of the Federal Salary 
Council, a body composed of experts in the fields of labor relations 
and pay policy and representatives of Federal employee organizations. 
The President appoints the members of the Federal Salary Council, which 
submits annual recommendations to the Pay Agent on the locality pay 
program. The establishment or modification of locality pay area 
boundaries must conform with the notice and comment provisions of the 
Administrative Procedure Act (5 U.S.C. 553).
    This proposal provides notice and invites comment on proposed 
regulations to implement the Pay Agent's plan to link locality pay area 
definitions to OMB-defined metropolitan areas, to use new commuting 
patterns data for evaluating locations adjacent to the metropolitan 
area comprising the basic locality pay area, and to establish 13 new 
locality pay areas. (Annual Pay Agent reports on locality pay can be 
found posted on the OPM Web site at http://www.opm.gov/policy-data-oversight/pay-leave/pay-systems/general-schedule/#url=Pay-Agent-Reports. The Pay Agent announced its plan to propose regulations 
linking locality pay area boundaries to OMB-defined metropolitan areas 
and using new commuting patterns data in its June 2014 report on 
locality pay. The Pay Agent announced its plan to establish 12 of the 
13 new locality pay areas in its May 2013 report on locality pay. The 
Federal Salary Council, in its November 2014 recommendations, 
recommended establishing Kansas City, MO-KS, as a new locality pay 
area. Because the Federal Salary Council used the same selection 
criteria as used for the 12 new locality pay areas the Pay Agent 
tentatively approved, the Pay Agent proposes establishing Kansas City, 
MO-KS as a new locality pay area.)

Linking Locality Pay Area Boundaries to OMB-Defined Metropolitan Areas

    OMB-defined metropolitan areas have been the basis of locality pay 
area boundaries since locality pay was implemented in 1994. OMB 
periodically updates its definitions of metropolitan areas, and 
regulations defining locality pay areas normally allow any minor 
changes in OMB-defined metropolitan areas to be reflected in locality 
pay area definitions automatically. However, because we anticipated 
significant changes to metropolitan area definitions in 2013, in 
January 2013, we revised the regulations defining locality pay areas so 
that updates based on OMB's redefinitions would not automatically be 
reflected in locality pay area definitions. (See Federal Register Vol. 
78, No. 16, page 5115, January 24, 2013,

[[Page 30956]]

and the current definitions of ``CSA'' and ``MSA'' in 5 CFR 531.602.) 
That action provided time for the Federal Salary Council and the Pay 
Agent to review the updated metropolitan area definitions for 
suitability for use in the locality pay program. As a result, locality 
pay area definitions were frozen and are currently based on December 
2009 OMB-defined metropolitan areas.
    In February 2013, OMB issued new metropolitan area definitions, and 
in its January 2014 recommendations to the Pay Agent, the Federal 
Salary Council recommended that the Pay Agent use the February 2013 
metropolitan area definitions in the locality pay program. The Pay 
Agent, in its June 2014 report to the President on locality pay, 
tentatively approved that recommendation, pending the issuance of 
revised locality pay regulations. This proposed rule would implement 
the change by revising the definitions of ``CSA'' and ``MSA'' in 5 CFR 
531.602, to link the definitions of locality pay areas to the February 
2013 OMB-defined metropolitan areas, and by updating the locality pay 
area definitions in 5 CFR 531.603 accordingly. The proposed revisions 
to the definitions of ``CSA'' and ``MSA'' in 5 CFR 531.602 would 
provide that any OMB additions to the CSAs and MSAs comprising basic 
locality pay areas would be reflected in locality pay area definitions 
automatically. The proposed rule also implements the Pay Agent's plan 
to retain, in their current locality pay area, any locations that would 
otherwise move to a lower-paying locality pay area as a result of 
linking locality pay area definitions to the February 2013 OMB-defined 
metropolitan areas, as recommended by the Federal Salary Council. Under 
this proposed rule, any such retained area would no longer be part of 
the basic locality pay area due to use of the February 2013 OMB-defined 
metropolitan areas and would be treated as an area of application.
    OMB-defined metropolitan areas are called Core-Based Statistical 
Areas (CBSAs) and are grouped into three categories: Micropolitan 
Statistical Areas, where the largest included urban area has a 
population of 10,000 to 49,999; Metropolitan Statistical Areas (MSAs), 
where the largest included urban area has a population of 50,000 or 
more; and Combined Statistical Areas (CSAs), which are composed of two 
or more adjacent CBSAs with an employment interchange measure of at 
least 15 percent. (The employment interchange measure is the sum of the 
percentage of workers living in the smaller entity who work in the 
larger entity and the percentage of employment in the smaller entity 
that is accounted for by workers who reside in the larger entity.) CBSA 
definitions used for the locality pay program under this proposal are 
contained in OMB Bulletin 13-01 of February 28, 2013, and are available 
at http://www.whitehouse.gov/sites/default/files/omb/bulletins/2013/b-13-01.pdf.

Criteria for Areas of Application

    As explained in the June 2014 Pay Agent report, locality pay areas 
consist of 1) the main metropolitan area comprising the basic locality 
pay area and, where criteria recommended by the Federal Salary Council 
and approved by the Pay Agent are met, 2) areas of application. Areas 
of application are locations that are adjacent to the basic locality 
pay area and meet approved criteria for inclusion in the locality pay 
area.
    Current criteria for evaluating locations adjacent to a basic 
locality pay area for possible inclusion in the locality pay area as 
areas of application are as follows: For adjacent CSAs and adjacent 
multi-county MSAs the criteria are 1,500 or more GS employees and a 
commuting interchange rate of at least 7.5 percent. For adjacent single 
counties, the criteria are 400 or more GS employees and a commuting 
interchange rate of at least 7.5 percent. The commuting interchange 
rate is defined as the sum of the percentage of employed residents of 
the area under consideration who work in the basic locality pay area 
and the percentage of the employment in the area under consideration 
that is accounted for by workers who reside in the basic locality pay 
area.
    The locality pay program also has criteria for evaluating Federal 
facilities that cross county lines into a separate locality pay area. 
To be included in an adjacent locality pay area, the whole facility 
must have at least 500 GS employees, with the majority of those 
employees in the higher-paying locality pay area, or that portion of a 
Federal facility outside of a higher-paying locality pay area must have 
at least 750 GS employees, the duty stations of the majority of those 
employees must be within 10 miles of the separate locality pay area, 
and a significant number of those employees must commute to work from 
the higher-paying locality pay area.

New Commuting Patterns Data

    As stated in the June 2014 Pay Agent report, new commuting patterns 
data were collected as part of the American Community Survey from 2006 
to 2010, and the Federal Salary Council recommended, in its January 
2014 recommendations, using those data for evaluating potential areas 
of application. The Pay Agent tentatively agreed in its June 2014 
report that it would be appropriate to use the new commuting patterns 
data for evaluating potential areas of application, and the areas of 
application included in the locality pay area definitions in this 
proposed rule, at 5 CFR 531.603(b), reflect use of the new commuting 
patterns data for that purpose.

Locations Almost or Completely Surrounded by Higher-Paying Locality Pay 
Areas

    In its November 2012 recommendations, the Federal Salary Council 
noted that, if its recommendations for changing pay area boundaries 
were adopted, some areas currently in the ``Rest of U.S.'' locality pay 
area and not meeting the criteria for areas of application would be 
almost or completely surrounded by higher-paying locality pay areas. 
The Federal Salary Council recommended that completely surrounded 
locations be added to the locality pay area with which the surrounded 
location has the highest level of commuting to and from the basic 
locality pay area. For locations almost but not completely surrounded 
by higher-paying locality pay areas, the Federal Salary Council 
recommended that the Pay Agent evaluate, on a case-by-case basis, any 
locations almost but not completely surrounded by separate pay areas. 
The Federal Salary Council reiterated those recommendations in its 
January 2014 recommendations.
    Without criteria to address locations completely surrounded by 
higher-paying locality pay areas, this proposal's changes to locality 
pay area boundaries would leave Kent County, MD, and Lancaster County, 
PA, in the ``Rest of U.S.'' locality pay area, and both counties could 
also be completely surrounded by higher-paying locality pay areas. The 
Pay Agent believes that single-county locations completely surrounded 
by higher-paying locality pay areas should be included in the locality 
pay area with the highest commuting interchange rate between the 
surrounded county and the basic locality pay area. Accordingly, this 
proposed rule would amend the locality pay area definitions at 5 CFR 
531.603(b) to include Kent County, MD, in the Washington-Baltimore-
Arlington, DC-MD-VA-WV-PA locality pay area and Lancaster County, PA, 
in the Harrisburg-York-Lebanon, PA, locality pay area.
    The issue of how to address ``Rest of U.S.'' locations that are 
almost but not completely surrounded by higher-paying locality pay 
areas requires

[[Page 30957]]

careful consideration. The Pay Agent's preliminary view is that 
partially surrounded locations warranting some action would most likely 
be single ``Rest of U.S.'' counties--not multi-county metropolitan 
areas or large groups of counties--that are bordered by multiple 
higher-paying locality pay areas or are surrounded by water and 
isolated as ``Rest of U.S.'' locations within a reasonable commuting 
distance of a higher-paying locality pay area. The Pay Agent believes 
any such ``Rest of U.S.'' locations considered for inclusion in a 
separate locality pay area should be evaluated with criteria designed 
to evaluate such locations. The Pay Agent invites public comment on 
this issue.

Effect of Changes to Locality Pay Area Boundaries

    This proposal would amend 5 CFR 531.603(b) to add the following 
locations to existing locality pay areas:

Atlanta--Athens-Clarke County--Sandy Springs, GA

    Clarke County, GA; Gordon County, GA; Jackson County, GA; Madison 
County, GA; Morgan County, GA; Oconee County, GA; and Oglethorpe 
County, GA.

Boston-Worcester-Providence, MA-RI-NH-CT-ME

    Androscoggin County, ME; Cumberland County, ME; Sagadahoc County, 
ME; and all portions of York County, ME, that are currently in the 
``Rest of U.S.'' locality pay area.

Chicago-Naperville, IL-IN-WI

    Bureau County, IL; LaSalle County, IL; and Putnam County, IL.

Cincinnati-Wilmington-Maysville, OH-KY-IN

    Mason County, KY, and Union County, IN.

Cleveland-Akron-Canton, OH

    Carroll County, OH; Erie County, OH; Huron County, OH; Stark 
County, OH; and Tuscarawas County, OH.

Columbus-Marion-Zanesville, OH

    Guernsey County, OH; Hocking County, OH; Logan County, OH; 
Muskingum County, OH; and Perry County, OH.

Dallas-Fort Worth, TX-OK

    Bryan County, OK; Hopkins County, TX; and Navarro County, TX.

Dayton-Springfield-Sidney, OH

    Shelby County, OH.

Houston-The Woodlands, TX

    Trinity County, TX; Washington County, TX; and Wharton County, TX.

Huntsville-Decatur-Albertville, AL

    Marshall County, AL.

Indianapolis-Carmel-Muncie, IN

    Decatur County, IN; Delaware County, IN; and Jackson County, IN.

Los Angeles-Long Beach, CA

    All portions of Kern County, CA, currently included in the ``Rest 
of U.S.'' locality pay area.

Miami-Fort Lauderdale-Port St. Lucie, FL

    Indian River County, FL; Martin County, FL; Okeechobee County, FL; 
and St. Lucie County, FL.

Milwaukee-Racine-Waukesha, WI

    Dodge County, WI; Jefferson County, WI; and Walworth County, WI.

Minneapolis-St. Paul, MN-WI

    Le Sueur County, MN; Mille Lacs County, MN; and Sibley County, MN.

New York-Newark, NY-NJ-CT-PA

    Carbon County, PA; Lehigh County, PA; and Northampton County, PA.

Pittsburgh-New Castle-Weirton, PA-OH-WV

    Jefferson County, OH; Indiana County, PA; Brooke County, WV; and 
Hancock County, WV.

Portland-Vancouver-Salem, OR-WA

    Benton County, OR; Linn County, OR; and Cowlitz County, WA.

Raleigh-Durham-Chapel Hill, NC

    Lee County, NC; Robeson County, NC; Scotland County, NC; Vance 
County, NC; and all portions of Granville County, NC, currently 
included in the ``Rest of U.S.'' locality pay area.

Seattle-Tacoma, WA

    Lewis County, WA.

Washington-Baltimore-Arlington, DC-MD-VA-WV-PA

    Dorchester County, MD; Kent County, MD; Talbot County, MD; Franklin 
County, PA; and Rappahannock County, VA.

Establishing 13 New Locality Pay Areas

    Locality pay is set by comparing GS and non-Federal pay rates for 
the same levels of work in each locality pay area. Non-Federal salary 
survey data used to set locality pay rates are collected by the Bureau 
of Labor Statistics (BLS). Over the last several years, BLS has 
developed a method that permits Occupational Employment Statistics 
(OES) data to be used for locality pay. OES data are available for all 
MSAs and CSAs in the country and permit evaluation of salary levels in 
many more locations than could be covered under the prior National 
Compensation Survey alone.
    The Federal Salary Council reviewed pay comparisons of GS and non-
Federal pay in all ``Rest of U.S.'' MSAs and CSAs with 2,500 or more GS 
employees as of June 2011. Based on its review, the Federal Salary 
Council recommended new locality pay areas be established for 12 
metropolitan areas with pay gaps averaging more than 10 percentage 
points above that for the ``Rest of U.S.'' locality pay area over an 
extended period. The Federal Salary Council's recommendations are 
posted on the OPM Web site at http://www.opm.gov/policy-data-oversight/pay-leave/pay-systems/general-schedule/federal-salary-council/recommendation12.pdf. In its November 2014 recommendations, using the 
same selection methodology, the Federal Salary Council recommended that 
Kansas City, MO-KS, also be established as a separate locality pay 
area.
    The President's Pay Agent has agreed to issue proposed regulations 
in response to the Federal Salary Council's recommendation to establish 
13 new locality pay areas and proposes to modify 5 CFR 531.603(b) to 
add the new locality pay areas. The 13 new locality pay areas proposed 
are Albany-Schenectady, NY; Albuquerque-Santa Fe-Las Vegas, NM; Austin-
Round Rock, TX; Charlotte-Concord, NC-SC; Colorado Springs, CO; 
Davenport-Moline, IA-IL; Harrisburg-York-Lebanon, PA; Laredo, TX; 
Kansas City-Overland Park-Kansas City, MO-KS; Las Vegas-Henderson, NV-
AZ; Palm Bay-Melbourne-Titusville, FL; St. Louis-St. Charles-
Farmington, MO-IL; and Tucson-Nogales, AZ. Locality pay rates for the 
13 new locality pay areas would be set by the President at a later date 
after they would be established by regulation.

Adjacent Areas Qualifying as Areas of Application to New Locality Pay 
Areas

    Applying the criteria explained above for evaluating locations 
adjacent to basic locality pay areas as areas of application, this 
proposed rule would add the following counties to the new locality pay 
areas at 5 CFR 531.603(b): Fremont County, CO, and Pueblo County, CO, 
to the Colorado Springs, CO, locality pay area; Lancaster County, PA, 
to the Harrisburg-York-Lebanon, PA, locality pay area; Jackson County, 
KS, Jefferson County, KS, Osage County,

[[Page 30958]]

KS, Shawnee County, KS, and Wabaunsee County, KS to the Kansas City-
Overland Park-Kansas City, MO-KS, locality pay area; and Cochise 
County, AZ, to the Tucson-Nogales, AZ, locality pay area.
    Regarding the criteria explained above for evaluating Federal 
facilities that cross locality pay area boundaries, the Pay Agent is 
not aware of any Federal facilities that qualify for inclusion in the 
new locality pay areas under these criteria.

Impact and Implementation

    Using February 2013 CBSA definitions as the basis for locality pay 
area boundaries and using updated commuting patterns data to evaluate 
potential areas of application would add a number of counties now 
covered by ``Rest of U.S.'' locality pay to higher-paying locality pay 
areas, which would impact about 6,300 GS employees.
    The proposal to establish 13 new locality pay areas would impact 
about 102,000 GS employees. Implementing that proposal would not 
automatically change locality pay rates now applicable in those areas 
because locality pay percentages are established by Executive order 
under the President's authority in 5 U.S.C. 5304 or 5304a, and the 
President decides each year whether to increase locality pay 
percentages. When locality pay percentages are increased, past practice 
has been to allocate a percent of the total GS payroll for locality 
raises and to have the overall dollar cost for such pay raises be the 
same, regardless of the number of locality pay areas. If a percent of 
the total GS payroll is allocated for locality pay increases, the 
addition of new areas results in a smaller amount to allocate for 
locality pay increases in existing areas. Implementing higher locality 
pay rates in the 13 new locality pay areas could thus result in 
relatively lower pay increases for employees in existing locality pay 
areas than they would otherwise receive.

Executive Order 13563 and Executive Order 12866

    OMB has reviewed this rule in accordance with E.O. 13563 and E.O. 
12866.

Regulatory Flexibility Act

    I certify that these regulations would not have a significant 
economic impact on a substantial number of small entities because they 
would apply only to Federal agencies and employees.

List of Subjects in 5 CFR Part 531

    Government employees, Law enforcement officers, Wages.

    Office of Personnel Management.
Katherine Archuleta,
Director.
    Accordingly, OPM is proposing to amend 5 CFR part 531 as follows:

PART 531--PAY UNDER THE GENERAL SCHEDULE

0
1. The authority citation for part 531 continues to read as follows:

    Authority:  5 U.S.C. 5115, 5307, and 5338; sec. 4 of Pub. L. 
103-89, 107 Stat. 981; and E.O. 12748, 56 FR 4521, 3 CFR, 1991 
Comp., p. 316; Subpart B also issued under 5 U.S.C. 5303(g), 5305, 
5333, 5334(a) and (b), and 7701(b)(2); Subpart D also issued under 5 
U.S.C. 5335 and 7701(b)(2); Subpart E also issued under 5 U.S.C. 
5336; Subpart F also issued under 5 U.S.C. 5304, 5305, and 5941(a), 
E.O. 12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 682 and E.O. 13106, 
63 FR 68151, 3 CFR, 1998 Comp., p. 224.

Subpart F--Locality-Based Comparability Payments

0
2. In Sec.  531.602, the definitions of CSA and MSA are revised to read 
as follows:


Sec.  531.602  Definitions.

* * * * *
    CSA means the geographic scope of a Combined Statistical Area, as 
defined by the Office of Management and Budget (OMB) in OMB Bulletin 
No. 13-01, plus any areas subsequently added to the CSA by OMB.
* * * * *
    MSA means the geographic scope of a Metropolitan Statistical Area, 
as defined by the Office of Management and Budget (OMB) in OMB Bulletin 
No. 13-01, plus any areas subsequently added to the MSA by OMB.
* * * * *
0
3. In Sec.  531.603, paragraph (b) is revised to read as follows:


Sec.  531.603  Locality pay areas.

* * * * *
    (b) The following are locality pay areas for the purposes of this 
subpart:
    (1) Alaska--consisting of the State of Alaska;
    (2) Albany-Schenectady, NY--consisting of the Albany-Schenectady, 
NY CSA;
    (3) Albuquerque-Santa Fe-Las Vegas, NM--consisting of the 
Albuquerque-Santa Fe-Las Vegas, NM CSA;
    (4) Atlanta--Athens-Clarke County--Sandy Springs, GA-AL--consisting 
of the Atlanta--Athens-Clarke County--Sandy Springs, GA CSA and also 
including Chambers County, AL;
    (5) Austin-Round Rock, TX--consisting of the Austin-Round Rock, TX 
MSA;
    (6) Boston-Worcester-Providence, MA-RI-NH-CT-ME--consisting of the 
Boston-Worcester-Providence, MA-RI-NH-CT CSA, except for Windham 
County, CT, and also including Androscoggin County, ME, Cumberland 
County, ME, Sagadahoc County, ME, and York County, ME;
    (7) Buffalo-Cheektowaga, NY--consisting of the Buffalo-Cheektowaga, 
NY CSA;
    (8) Charlotte-Concord, NC-SC--consisting of the Charlotte-Concord, 
NC-SC CSA;
    (9) Chicago-Naperville, IL-IN-WI--consisting of the Chicago-
Naperville, IL-IN-WI CSA;
    (10) Cincinnati-Wilmington-Maysville, OH-KY-IN--consisting of the 
Cincinnati-Wilmington-Maysville, OH-KY-IN CSA and also including 
Franklin County, IN;
    (11) Cleveland-Akron-Canton, OH--consisting of the Cleveland-Akron-
Canton, OH CSA;
    (12) Colorado Springs, CO--consisting of the Colorado Springs, CO 
MSA and also including Fremont County, CO, and Pueblo County, CO;
    (13) Columbus-Marion-Zanesville, OH--consisting of the Columbus-
Marion-Zanesville, OH CSA;
    (14) Dallas-Fort Worth, TX-OK--consisting of the Dallas-Fort Worth, 
TX-OK CSA and also including Delta County, TX, and Fannin County, TX;
    (15) Davenport-Moline, IA-IL--consisting of the Davenport-Moline, 
IA-IL CSA;
    (16) Dayton-Springfield-Sidney, OH--consisting of the Dayton-
Springfield-Sidney, OH CSA and also including Preble County, OH;
    (17) Denver-Aurora, CO--consisting of the Denver-Aurora, CO CSA and 
also including Larimer County, CO;
    (18) Detroit-Warren-Ann Arbor, MI--consisting of the Detroit-
Warren-Ann Arbor, MI CSA;
    (19) Harrisburg-York-Lebanon, PA--consisting of the Harrisburg-
York-Lebanon, PA CSA, except for and Adams County, PA, and York County, 
PA, and also including Lancaster County, PA;
    (20) Hartford-West Hartford, CT-MA--consisting of the Hartford-West 
Hartford, CT CSA and also including Windham County, CT, Franklin 
County, MA, Hampden County, MA, and Hampshire County, MA;
    (21) Hawaii--consisting of the State of Hawaii;
    (22) Houston-The Woodlands, TX--consisting of the Houston-The 
Woodlands, TX CSA and also including San Jacinto County, TX;
    (23) Huntsville-Decatur-Albertville, AL--consisting of the 
Huntsville-Decatur-Albertville, AL CSA;
    (24) Indianapolis-Carmel-Muncie, IN--consisting of the 
Indianapolis-

[[Page 30959]]

Carmel-Muncie, IN CSA and also including Grant County, IN;
    (25) Kansas City-Overland Park-Kansas City, MO-KS--consisting of 
the Kansas City-Overland Park-Kansas City, MO-KS CSA and also including 
Jackson County, KS, Jefferson County, KS, Osage County, KS, Shawnee 
County, KS, and Wabaunsee County, KS;
    (26) Laredo, TX--consisting of the Laredo, TX MSA;
    (27) Las Vegas-Henderson, NV-AZ--consisting of the Las Vegas-
Henderson, NV-AZ CSA;
    (28) Los Angeles-Long Beach, CA--consisting of the Los Angeles-Long 
Beach, CA CSA and also including Kern County, CA, and Santa Barbara 
County, CA;
    (29) Miami-Fort Lauderdale-Port St. Lucie, FL--consisting of the 
Miami-Fort Lauderdale-Port St. Lucie, FL CSA and also including Monroe 
County, FL;
    (30) Milwaukee-Racine-Waukesha, WI--consisting of the Milwaukee-
Racine-Waukesha, WI CSA;
    (31) Minneapolis-St. Paul, MN-WI--consisting of the Minneapolis-St. 
Paul, MN-WI CSA;
    (32) New York-Newark, NY-NJ-CT-PA--consisting of the New York-
Newark, NY-NJ-CT-PA CSA and also including all of Joint Base McGuire-
Dix-Lakehurst;
    (33) Palm Bay-Melbourne-Titusville, FL--consisting of the Palm Bay-
Melbourne-Titusville, FL MSA;
    (34) Philadelphia-Reading-Camden, PA-NJ-DE-MD--consisting of the 
Philadelphia-Reading-Camden, PA-NJ-DE-MD CSA, except for Joint Base 
McGuire-Dix-Lakehurst;
    (35) Phoenix-Mesa-Scottsdale, AZ--consisting of the Phoenix-Mesa-
Scottsdale, AZ MSA;
    (36) Pittsburgh-New Castle-Weirton, PA-OH-WV--consisting of the 
Pittsburgh-New Castle-Weirton, PA-OH-WV CSA;
    (37) Portland-Vancouver-Salem, OR-WA--consisting of the Portland-
Vancouver-Salem, OR-WA CSA;
    (38) Raleigh-Durham-Chapel Hill, NC--consisting of the Raleigh-
Durham-Chapel Hill, NC CSA and also including Cumberland County, NC, 
Hoke County, NC, Robeson County, NC, Scotland County, NC, and Wayne 
County, NC;
    (39) Richmond, VA--consisting of the Richmond, VA MSA and also 
including Cumberland County, VA, King and Queen County, VA, and Louisa 
County, VA;
    (40) Sacramento-Roseville, CA-NV--consisting of the Sacramento-
Roseville, CA CSA and also including Carson City, NV, and Douglas 
County, NV;
    (41) San Diego-Carlsbad, CA--consisting of the San Diego-Carlsbad, 
CA MSA;
    (42) San Jose-San Francisco-Oakland, CA--consisting of the San 
Jose-San Francisco-Oakland, CA CSA and also including Monterey County, 
CA;
    (43) Seattle-Tacoma, WA--consisting of the Seattle-Tacoma, WA CSA 
and also including Whatcom County, WA;
    (44) St. Louis-St. Charles-Farmington, MO-IL--consisting of the St. 
Louis-St. Charles-Farmington, MO-IL CSA;
    (45) Tucson-Nogales, AZ--consisting of the Tucson-Nogales, AZ CSA 
and also including Cochise County, AZ;
    (46) Washington-Baltimore-Arlington, DC-MD-VA-WV-PA--consisting of 
the Washington-Baltimore-Arlington, DC-MD-VA-WV-PA CSA and also 
including Kent County, MD, Adams County, PA, York County, PA, King 
George County, VA, and Morgan County, WV; and
    (47) Rest of U.S.--consisting of those portions of the United 
States and its territories and possessions as listed in 5 CFR 591.205 
not located within another locality pay area.

[FR Doc. 2015-13135 Filed 5-29-15; 8:45 am]
 BILLING CODE 6325-39-P

30955 Proposed Rules Federal Register Vol. 80, No. 104 Monday, June 1, 2015 This section of the FEDERAL REGISTER in these 13 locations was substantially establishment or modification of locality contains notices to the public of the proposed greater than the ‘‘Rest of U.S.’’ pay pay area boundaries must conform with issuance of rules and regulations. The disparity over an extended period. The the notice and comment provisions of purpose of these notices is to give interested President’s Pay Agent has agreed to the Administrative Procedure Act (5 persons an opportunity to participate in the issue proposed regulations in response U.S.C. 553). rule making prior to the adoption of the final rules. to the Federal Salary Council’s This proposal provides notice and recommendation to establish the 13 new invites comment on proposed locality pay areas. Locality pay rates for regulations to implement the Pay OFFICE OF PERSONNEL the new locality pay areas would be set Agent’s plan to link locality pay area MANAGEMENT by the President after the new locality definitions to OMB-defined pay areas would be established by metropolitan areas, to use new 5 CFR Part 531 regulation. commuting patterns data for evaluating RIN 3206–AM88 DATES: We must receive comments on or locations adjacent to the metropolitan before July 1, 2015. area comprising the basic locality pay General Schedule Locality Pay Areas area, and to establish 13 new locality ADDRESSES: You may submit comments, pay areas. (Annual Pay Agent reports on AGENCY: U.S. Office of Personnel identified by ‘‘RIN 3206–AM88,’’ by any locality pay can be found posted on the Management. of the following methods: OPM Web site at http://www.opm.gov/ ACTION: Proposed rule with request for Federal eRulemaking Portal: http:// policy-data-oversight/pay-leave/pay- comments. www.regulations.gov. Follow the systems/general-schedule/#url=Pay- instructions for submitting comments. SUMMARY: The U.S. Office of Personnel Email: pay-leave-policy@opm.gov. Agent-Reports. The Pay Agent Management is issuing proposed Include ‘‘RIN 3206–AM88’’ in the announced its plan to propose regulations on behalf of the President’s subject line of the message. regulations linking locality pay area Pay Agent to link the definitions of Fax: (202) 606–0824. boundaries to OMB-defined General Schedule (GS) locality pay area Mail: Brenda L. Roberts, Deputy metropolitan areas and using new boundaries to updated metropolitan Associate Director for Pay and Leave, commuting patterns data in its June area definitions established by the Office of Personnel Management, Room 2014 report on locality pay. The Pay Office of Management and Budget in 7H31, 1900 E Street NW., Washington, Agent announced its plan to establish February 2013. Under this proposal, DC 20415–8200. 12 of the 13 new locality pay areas in locations that would otherwise move to its May 2013 report on locality pay. The FOR FURTHER INFORMATION CONTACT: Joe a lower-paying locality pay area due to Federal Salary Council, in its November Ratcliffe, (202) 606–2838; fax: (202) 2014 recommendations, recommended use of the updated metropolitan area 606–0824; email: pay-leave-policy@ definitions in the locality pay program establishing Kansas City, MO–KS, as a opm.gov. new locality pay area. Because the would remain in their current locality pay area. This proposal does not modify SUPPLEMENTARY INFORMATION: Section Federal Salary Council used the same the current commuting and GS 5304 of title 5, United States Code selection criteria as used for the 12 new employment criteria used in the locality (U.S.C.), authorizes locality pay for locality pay areas the Pay Agent pay program to evaluate, for possible General Schedule (GS) employees with tentatively approved, the Pay Agent inclusion in a locality pay area, duty stations in the United States and proposes establishing Kansas City, MO– locations adjacent to the metropolitan its territories and possessions. Section KS as a new locality pay area.) area comprising the basic locality pay 5304(f) of title 5 U.S.C. authorizes the Linking Locality Pay Area Boundaries area. However, regarding calculation of President’s Pay Agent (the Secretary of to OMB-Defined Metropolitan Areas commuting interchange rates used to Labor, the Director of the Office of evaluate such locations, the locality pay Management and Budget (OMB), and OMB-defined metropolitan areas have area definitions proposed in this the Director of the Office of Personnel been the basis of locality pay area document reflect use of the commuting Management (OPM)) to determine boundaries since locality pay was patterns data collected as part of the locality pay areas. The boundaries of implemented in 1994. OMB periodically American Community Survey between locality pay areas must be based on updates its definitions of metropolitan 2006 and 2010, as recommended by the appropriate factors, which may include areas, and regulations defining locality Federal Salary Council in January 2014. local labor market patterns, commuting pay areas normally allow any minor Under this proposal, 13 new locality patterns, and the practices of other changes in OMB-defined metropolitan pay areas would also be established. employers. The Pay Agent must give areas to be reflected in locality pay area The Federal Salary Council thorough consideration to the views and definitions automatically. However, recommended these 13 locality pay recommendations of the Federal Salary because we anticipated significant rljohnson on DSK3VPTVN1PROD with PROPOSALS areas after reviewing pay levels in all Council, a body composed of experts in changes to metropolitan area definitions ‘‘Rest of U.S.’’ metropolitan statistical the fields of labor relations and pay in 2013, in January 2013, we revised the areas and combined statistical areas policy and representatives of Federal regulations defining locality pay areas with 2,500 or more GS employees. The employee organizations. The President so that updates based on OMB’s Federal Salary Council found that the appoints the members of the Federal redefinitions would not automatically percentage difference between GS and Salary Council, which submits annual be reflected in locality pay area non-Federal pay levels for the same recommendations to the Pay Agent on definitions. (See Federal Register Vol. levels of work—i.e., the pay disparity— the locality pay program. The 78, No. 16, page 5115, January 24, 2013, VerDate Sep<11>2014 12:29 May 29, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\01JNP1.SGM 01JNP1

30956 Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Proposed Rules and the current definitions of ‘‘CSA’’ employment in the smaller entity that is recommendations, using those data for and ‘‘MSA’’ in 5 CFR 531.602.) That accounted for by workers who reside in evaluating potential areas of action provided time for the Federal the larger entity.) CBSA definitions used application. The Pay Agent tentatively Salary Council and the Pay Agent to for the locality pay program under this agreed in its June 2014 report that it review the updated metropolitan area proposal are contained in OMB Bulletin would be appropriate to use the new definitions for suitability for use in the 13–01 of February 28, 2013, and are commuting patterns data for evaluating locality pay program. As a result, available at http://www.whitehouse.gov/ potential areas of application, and the locality pay area definitions were frozen sites/default/files/omb/bulletins/2013/b- areas of application included in the and are currently based on December 13-01.pdf. locality pay area definitions in this 2009 OMB-defined metropolitan areas. proposed rule, at 5 CFR 531.603(b), In February 2013, OMB issued new Criteria for Areas of Application reflect use of the new commuting metropolitan area definitions, and in its As explained in the June 2014 Pay patterns data for that purpose. January 2014 recommendations to the Agent report, locality pay areas consist Pay Agent, the Federal Salary Council of 1) the main metropolitan area Locations Almost or Completely recommended that the Pay Agent use comprising the basic locality pay area Surrounded by Higher-Paying Locality the February 2013 metropolitan area and, where criteria recommended by the Pay Areas definitions in the locality pay program. Federal Salary Council and approved by In its November 2012 The Pay Agent, in its June 2014 report the Pay Agent are met, 2) areas of recommendations, the Federal Salary to the President on locality pay, application. Areas of application are Council noted that, if its tentatively approved that locations that are adjacent to the basic recommendations for changing pay area recommendation, pending the issuance locality pay area and meet approved boundaries were adopted, some areas of revised locality pay regulations. This criteria for inclusion in the locality pay currently in the ‘‘Rest of U.S.’’ locality proposed rule would implement the area. pay area and not meeting the criteria for change by revising the definitions of Current criteria for evaluating areas of application would be almost or ‘‘CSA’’ and ‘‘MSA’’ in 5 CFR 531.602, to locations adjacent to a basic locality pay completely surrounded by higher- link the definitions of locality pay areas area for possible inclusion in the paying locality pay areas. The Federal to the February 2013 OMB-defined locality pay area as areas of application Salary Council recommended that metropolitan areas, and by updating the are as follows: For adjacent CSAs and completely surrounded locations be locality pay area definitions in 5 CFR adjacent multi-county MSAs the criteria added to the locality pay area with 531.603 accordingly. The proposed are 1,500 or more GS employees and a which the surrounded location has the revisions to the definitions of ‘‘CSA’’ commuting interchange rate of at least highest level of commuting to and from and ‘‘MSA’’ in 5 CFR 531.602 would 7.5 percent. For adjacent single the basic locality pay area. For locations provide that any OMB additions to the counties, the criteria are 400 or more GS almost but not completely surrounded CSAs and MSAs comprising basic employees and a commuting by higher-paying locality pay areas, the locality pay areas would be reflected in interchange rate of at least 7.5 percent. Federal Salary Council recommended locality pay area definitions The commuting interchange rate is that the Pay Agent evaluate, on a case- automatically. The proposed rule also defined as the sum of the percentage of by-case basis, any locations almost but implements the Pay Agent’s plan to employed residents of the area under not completely surrounded by separate retain, in their current locality pay area, consideration who work in the basic pay areas. The Federal Salary Council any locations that would otherwise locality pay area and the percentage of reiterated those recommendations in its move to a lower-paying locality pay area the employment in the area under January 2014 recommendations. as a result of linking locality pay area consideration that is accounted for by Without criteria to address locations definitions to the February 2013 OMB- workers who reside in the basic locality completely surrounded by higher- defined metropolitan areas, as pay area. paying locality pay areas, this proposal’s recommended by the Federal Salary The locality pay program also has changes to locality pay area boundaries Council. Under this proposed rule, any criteria for evaluating Federal facilities would leave Kent County, MD, and such retained area would no longer be that cross county lines into a separate Lancaster County, PA, in the ‘‘Rest of part of the basic locality pay area due to locality pay area. To be included in an U.S.’’ locality pay area, and both use of the February 2013 OMB-defined adjacent locality pay area, the whole counties could also be completely metropolitan areas and would be treated facility must have at least 500 GS surrounded by higher-paying locality as an area of application. employees, with the majority of those pay areas. The Pay Agent believes that OMB-defined metropolitan areas are employees in the higher-paying locality single-county locations completely called Core-Based Statistical Areas pay area, or that portion of a Federal surrounded by higher-paying locality (CBSAs) and are grouped into three facility outside of a higher-paying pay areas should be included in the categories: Micropolitan Statistical locality pay area must have at least 750 locality pay area with the highest Areas, where the largest included urban GS employees, the duty stations of the commuting interchange rate between area has a population of 10,000 to majority of those employees must be the surrounded county and the basic 49,999; Metropolitan Statistical Areas within 10 miles of the separate locality locality pay area. Accordingly, this (MSAs), where the largest included pay area, and a significant number of proposed rule would amend the locality urban area has a population of 50,000 or those employees must commute to work pay area definitions at 5 CFR 531.603(b) more; and Combined Statistical Areas from the higher-paying locality pay area. to include Kent County, MD, in the rljohnson on DSK3VPTVN1PROD with PROPOSALS (CSAs), which are composed of two or Washington-Baltimore-Arlington, DC– more adjacent CBSAs with an New Commuting Patterns Data MD–VA–WV–PA locality pay area and employment interchange measure of at As stated in the June 2014 Pay Agent Lancaster County, PA, in the Harrisburg- least 15 percent. (The employment report, new commuting patterns data York-Lebanon, PA, locality pay area. interchange measure is the sum of the were collected as part of the American The issue of how to address ‘‘Rest of percentage of workers living in the Community Survey from 2006 to 2010, U.S.’’ locations that are almost but not smaller entity who work in the larger and the Federal Salary Council completely surrounded by higher- entity and the percentage of recommended, in its January 2014 paying locality pay areas requires VerDate Sep<11>2014 12:29 May 29, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\01JNP1.SGM 01JNP1

Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Proposed Rules 30957 careful consideration. The Pay Agent’s Houston-The Woodlands, TX Occupational Employment Statistics preliminary view is that partially Trinity County, TX; Washington (OES) data to be used for locality pay. surrounded locations warranting some County, TX; and Wharton County, TX. OES data are available for all MSAs and action would most likely be single ‘‘Rest CSAs in the country and permit of U.S.’’ counties—not multi-county Huntsville-Decatur-Albertville, AL evaluation of salary levels in many more metropolitan areas or large groups of Marshall County, AL. locations than could be covered under counties—that are bordered by multiple the prior National Compensation Survey higher-paying locality pay areas or are Indianapolis-Carmel-Muncie, IN alone. surrounded by water and isolated as Decatur County, IN; Delaware County, The Federal Salary Council reviewed ‘‘Rest of U.S.’’ locations within a IN; and Jackson County, IN. pay comparisons of GS and non-Federal reasonable commuting distance of a pay in all ‘‘Rest of U.S.’’ MSAs and Los Angeles-Long Beach, CA CSAs with 2,500 or more GS employees higher-paying locality pay area. The Pay Agent believes any such ‘‘Rest of U.S.’’ All portions of Kern County, CA, as of June 2011. Based on its review, the locations considered for inclusion in a currently included in the ‘‘Rest of U.S.’’ Federal Salary Council recommended separate locality pay area should be locality pay area. new locality pay areas be established for evaluated with criteria designed to 12 metropolitan areas with pay gaps Miami-Fort Lauderdale-Port St. Lucie, evaluate such locations. The Pay Agent averaging more than 10 percentage FL points above that for the ‘‘Rest of U.S.’’ invites public comment on this issue. Indian River County, FL; Martin locality pay area over an extended Effect of Changes to Locality Pay Area County, FL; Okeechobee County, FL; period. The Federal Salary Council’s Boundaries and St. Lucie County, FL. recommendations are posted on the This proposal would amend 5 CFR Milwaukee-Racine-Waukesha, WI OPM Web site at http://www.opm.gov/ 531.603(b) to add the following policy-data-oversight/pay-leave/pay- Dodge County, WI; Jefferson County, systems/general-schedule/federal- locations to existing locality pay areas: WI; and Walworth County, WI. salary-council/recommendation12.pdf. Atlanta—Athens-Clarke County—Sandy Minneapolis-St. Paul, MN-WI In its November 2014 recommendations, Springs, GA using the same selection methodology, Le Sueur County, MN; Mille Lacs the Federal Salary Council Clarke County, GA; Gordon County, County, MN; and Sibley County, MN. recommended that Kansas City, MO– GA; Jackson County, GA; Madison KS, also be established as a separate New York-Newark, NY-NJ-CT-PA County, GA; Morgan County, GA; locality pay area. Oconee County, GA; and Oglethorpe Carbon County, PA; Lehigh County, The President’s Pay Agent has agreed County, GA. PA; and Northampton County, PA. to issue proposed regulations in Boston-Worcester-Providence, MA-RI- Pittsburgh-New Castle-Weirton, PA-OH- response to the Federal Salary Council’s NH-CT-ME WV recommendation to establish 13 new locality pay areas and proposes to Androscoggin County, ME; Jefferson County, OH; Indiana County, modify 5 CFR 531.603(b) to add the new Cumberland County, ME; Sagadahoc PA; Brooke County, WV; and Hancock locality pay areas. The 13 new locality County, ME; and all portions of York County, WV. pay areas proposed are Albany- County, ME, that are currently in the Portland-Vancouver-Salem, OR-WA Schenectady, NY; Albuquerque-Santa ‘‘Rest of U.S.’’ locality pay area. Benton County, OR; Linn County, OR; Fe-Las Vegas, NM; Austin-Round Rock, and Cowlitz County, WA. TX; Charlotte-Concord, NC–SC; Chicago-Naperville, IL-IN-WI Colorado Springs, CO; Davenport- Bureau County, IL; LaSalle County, Raleigh-Durham-Chapel Hill, NC Moline, IA–IL; Harrisburg-York- IL; and Putnam County, IL. Lee County, NC; Robeson County, NC; Lebanon, PA; Laredo, TX; Kansas City- Scotland County, NC; Vance County, Overland Park-Kansas City, MO–KS; Las Cincinnati-Wilmington-Maysville, OH- Vegas-Henderson, NV–AZ; Palm Bay- KY-IN NC; and all portions of Granville County, NC, currently included in the Melbourne-Titusville, FL; St. Louis-St. Mason County, KY, and Union ‘‘Rest of U.S.’’ locality pay area. Charles-Farmington, MO–IL; and County, IN. Tucson-Nogales, AZ. Locality pay rates Seattle-Tacoma, WA for the 13 new locality pay areas would Cleveland-Akron-Canton, OH Lewis County, WA. be set by the President at a later date Carroll County, OH; Erie County, OH; after they would be established by Washington-Baltimore-Arlington, DC- regulation. Huron County, OH; Stark County, OH; MD-VA-WV-PA and Tuscarawas County, OH. Adjacent Areas Qualifying as Areas of Dorchester County, MD; Kent County, Columbus-Marion-Zanesville, OH Application to New Locality Pay Areas MD; Talbot County, MD; Franklin County, PA; and Rappahannock County, Applying the criteria explained above Guernsey County, OH; Hocking VA. for evaluating locations adjacent to basic County, OH; Logan County, OH; locality pay areas as areas of Muskingum County, OH; and Perry Establishing 13 New Locality Pay Areas application, this proposed rule would rljohnson on DSK3VPTVN1PROD with PROPOSALS County, OH. Locality pay is set by comparing GS add the following counties to the new Dallas-Fort Worth, TX–OK and non-Federal pay rates for the same locality pay areas at 5 CFR 531.603(b): levels of work in each locality pay area. Fremont County, CO, and Pueblo Bryan County, OK; Hopkins County, Non-Federal salary survey data used to County, CO, to the Colorado Springs, TX; and Navarro County, TX. set locality pay rates are collected by the CO, locality pay area; Lancaster County, Dayton-Springfield-Sidney, OH Bureau of Labor Statistics (BLS). Over PA, to the Harrisburg-York-Lebanon, the last several years, BLS has PA, locality pay area; Jackson County, Shelby County, OH. developed a method that permits KS, Jefferson County, KS, Osage County, VerDate Sep<11>2014 12:29 May 29, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\01JNP1.SGM 01JNP1

30958 Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Proposed Rules KS, Shawnee County, KS, and Office of Personnel Management. Boston-Worcester-Providence, MA–RI– Wabaunsee County, KS to the Kansas Katherine Archuleta, NH–CT CSA, except for Windham City-Overland Park-Kansas City, MO– Director. County, CT, and also including KS, locality pay area; and Cochise Accordingly, OPM is proposing to Androscoggin County, ME, Cumberland County, AZ, to the Tucson-Nogales, AZ, amend 5 CFR part 531 as follows: County, ME, Sagadahoc County, ME, locality pay area. and York County, ME; Regarding the criteria explained above PART 531—PAY UNDER THE (7) Buffalo-Cheektowaga, NY— for evaluating Federal facilities that GENERAL SCHEDULE consisting of the Buffalo-Cheektowaga, cross locality pay area boundaries, the NY CSA; Pay Agent is not aware of any Federal ■ 1. The authority citation for part 531 (8) Charlotte-Concord, NC-SC— facilities that qualify for inclusion in the continues to read as follows: consisting of the Charlotte-Concord, new locality pay areas under these Authority: 5 U.S.C. 5115, 5307, and 5338; NC–SC CSA; criteria. sec. 4 of Pub. L. 103–89, 107 Stat. 981; and (9) Chicago-Naperville, IL-IN–WI— E.O. 12748, 56 FR 4521, 3 CFR, 1991 Comp., consisting of the Chicago-Naperville, Impact and Implementation p. 316; Subpart B also issued under 5 U.S.C. IL–IN–WI CSA; Using February 2013 CBSA 5303(g), 5305, 5333, 5334(a) and (b), and (10) Cincinnati-Wilmington- 7701(b)(2); Subpart D also issued under 5 Maysville, OH-KY–IN—consisting of the definitions as the basis for locality pay U.S.C. 5335 and 7701(b)(2); Subpart E also Cincinnati-Wilmington-Maysville, OH– area boundaries and using updated issued under 5 U.S.C. 5336; Subpart F also commuting patterns data to evaluate KY–IN CSA and also including Franklin issued under 5 U.S.C. 5304, 5305, and potential areas of application would add 5941(a), E.O. 12883, 58 FR 63281, 3 CFR, County, IN; a number of counties now covered by 1993 Comp., p. 682 and E.O. 13106, 63 FR (11) Cleveland-Akron-Canton, OH— ‘‘Rest of U.S.’’ locality pay to higher- 68151, 3 CFR, 1998 Comp., p. 224. consisting of the Cleveland-Akron- paying locality pay areas, which would Canton, OH CSA; impact about 6,300 GS employees. Subpart F—Locality-Based (12) Colorado Springs, CO—consisting The proposal to establish 13 new Comparability Payments of the Colorado Springs, CO MSA and locality pay areas would impact about also including Fremont County, CO, and ■ 2. In § 531.602, the definitions of CSA Pueblo County, CO; 102,000 GS employees. Implementing and MSA are revised to read as follows: (13) Columbus-Marion-Zanesville, that proposal would not automatically OH—consisting of the Columbus- change locality pay rates now applicable § 531.602 Definitions. Marion-Zanesville, OH CSA; in those areas because locality pay * * * * * (14) Dallas-Fort Worth, TX-OK— percentages are established by Executive CSA means the geographic scope of a consisting of the Dallas-Fort Worth, TX– order under the President’s authority in Combined Statistical Area, as defined by OK CSA and also including Delta 5 U.S.C. 5304 or 5304a, and the the Office of Management and Budget County, TX, and Fannin County, TX; President decides each year whether to (OMB) in OMB Bulletin No. 13–01, plus (15) Davenport-Moline, IA-IL— increase locality pay percentages. When any areas subsequently added to the consisting of the Davenport-Moline, IA– locality pay percentages are increased, CSA by OMB. IL CSA; past practice has been to allocate a * * * * * (16) Dayton-Springfield-Sidney, OH— percent of the total GS payroll for MSA means the geographic scope of a consisting of the Dayton-Springfield- locality raises and to have the overall Metropolitan Statistical Area, as defined Sidney, OH CSA and also including dollar cost for such pay raises be the by the Office of Management and Preble County, OH; same, regardless of the number of Budget (OMB) in OMB Bulletin No. 13– (17) Denver-Aurora, CO—consisting locality pay areas. If a percent of the 01, plus any areas subsequently added of the Denver-Aurora, CO CSA and also total GS payroll is allocated for locality to the MSA by OMB. including Larimer County, CO; pay increases, the addition of new areas * * * * * (18) Detroit-Warren-Ann Arbor, MI— results in a smaller amount to allocate ■ 3. In § 531.603, paragraph (b) is consisting of the Detroit-Warren-Ann for locality pay increases in existing revised to read as follows: Arbor, MI CSA; areas. Implementing higher locality pay (19) Harrisburg-York-Lebanon, PA— rates in the 13 new locality pay areas § 531.603 Locality pay areas. consisting of the Harrisburg-York- could thus result in relatively lower pay * * * * * Lebanon, PA CSA, except for and increases for employees in existing (b) The following are locality pay Adams County, PA, and York County, locality pay areas than they would areas for the purposes of this subpart: PA, and also including Lancaster otherwise receive. (1) Alaska—consisting of the State of County, PA; Alaska; (20) Hartford-West Hartford, CT– Executive Order 13563 and Executive (2) Albany-Schenectady, NY— MA—consisting of the Hartford-West Order 12866 consisting of the Albany-Schenectady, Hartford, CT CSA and also including OMB has reviewed this rule in NY CSA; Windham County, CT, Franklin County, accordance with E.O. 13563 and E.O. (3) Albuquerque-Santa Fe-Las Vegas, MA, Hampden County, MA, and 12866. NM—consisting of the Albuquerque- Hampshire County, MA; Santa Fe-Las Vegas, NM CSA; (21) Hawaii—consisting of the State of Regulatory Flexibility Act (4) Atlanta—Athens-Clarke County— Hawaii; I certify that these regulations would Sandy Springs, GA–AL—consisting of (22) Houston-The Woodlands, TX— rljohnson on DSK3VPTVN1PROD with PROPOSALS not have a significant economic impact the Atlanta—Athens-Clarke County— consisting of the Houston-The on a substantial number of small entities Sandy Springs, GA CSA and also Woodlands, TX CSA and also including because they would apply only to including Chambers County, AL; San Jacinto County, TX; Federal agencies and employees. (5) Austin-Round Rock, TX— (23) Huntsville-Decatur-Albertville, consisting of the Austin-Round Rock, AL—consisting of the Huntsville- List of Subjects in 5 CFR Part 531 TX MSA; Decatur-Albertville, AL CSA; Government employees, Law (6) Boston-Worcester-Providence, (24) Indianapolis-Carmel-Muncie, enforcement officers, Wages. MA–RI–NH–CT–ME—consisting of the IN—consisting of the Indianapolis- VerDate Sep<11>2014 12:29 May 29, 2015 Jkt 235001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\01JNP1.SGM 01JNP1

Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Proposed Rules 30959 Carmel-Muncie, IN CSA and also (42) San Jose-San Francisco-Oakland, DATES: We will consider all comments including Grant County, IN; CA—consisting of the San Jose-San that we receive on or before July 31, (25) Kansas City-Overland Park- Francisco-Oakland, CA CSA and also 2015. Kansas City, MO–KS—consisting of the including Monterey County, CA; ADDRESSES: You may submit comments Kansas City-Overland Park-Kansas City, (43) Seattle-Tacoma, WA—consisting by either of the following methods: MO–KS CSA and also including Jackson of the Seattle-Tacoma, WA CSA and • Federal eRulemaking Portal: Go to County, KS, Jefferson County, KS, Osage also including Whatcom County, WA; http://www.regulations.gov/ County, KS, Shawnee County, KS, and (44) St. Louis-St. Charles-Farmington, #!docketDetail;D=APHIS-2014-0106. Wabaunsee County, KS; MO–IL—consisting of the St. Louis-St. • Postal Mail/Commercial Delivery: (26) Laredo, TX—consisting of the Charles-Farmington, MO–IL CSA; Send your comment to Docket No. Laredo, TX MSA; (45) Tucson-Nogales, AZ—consisting APHIS–2014–0106, Regulatory Analysis (27) Las Vegas-Henderson, NV–AZ— of the Tucson-Nogales, AZ CSA and also and Development, PPD, APHIS, Station consisting of the Las Vegas-Henderson, including Cochise County, AZ; NV–AZ CSA; 3A–03.8, 4700 River Road Unit 118, (46) Washington-Baltimore-Arlington, Riverdale, MD 20737–1238. (28) Los Angeles-Long Beach, CA— DC–MD–VA–WV–PA—consisting of the consisting of the Los Angeles-Long Supporting documents and any Washington-Baltimore-Arlington, DC– comments we receive on this docket Beach, CA CSA and also including Kern MD–VA–WV–PA CSA and also County, CA, and Santa Barbara County, may be viewed at http:// including Kent County, MD, Adams www.regulations.gov/ CA; County, PA, York County, PA, King #!docketDetail;D=APHIS-2014-0106 or (29) Miami-Fort Lauderdale-Port St. George County, VA, and Morgan in our reading room, which is located in Lucie, FL—consisting of the Miami-Fort Lauderdale-Port St. Lucie, FL CSA and County, WV; and room 1141 of the USDA South Building, also including Monroe County, FL; (47) Rest of U.S.—consisting of those 14th Street and Independence Avenue (30) Milwaukee-Racine-Waukesha, portions of the United States and its SW., Washington, DC. Normal reading WI—consisting of the Milwaukee- territories and possessions as listed in 5 room hours are 8 a.m. to 4:30 p.m., Racine-Waukesha, WI CSA; CFR 591.205 not located within another Monday through Friday, except (31) Minneapolis-St. Paul, MN–WI— locality pay area. holidays. To be sure someone is there to consisting of the Minneapolis-St. Paul, [FR Doc. 2015–13135 Filed 5–29–15; 8:45 am] help you, please call (202) 799–7039 MN–WI CSA; BILLING CODE 6325–39–P before coming. (32) New York-Newark, NY–NJ–CT– FOR FURTHER INFORMATION CONTACT: Ms. PA—consisting of the New York- Lydia E. Colón, PPQ, APHIS, 4700 River Newark, NY–NJ–CT–PA CSA and also Road Unit 133, Riverdale, MD 20737– DEPARTMENT OF AGRICULTURE including all of Joint Base McGuire-Dix- 1236; (301) 851–2302. Lakehurst; Animal and Plant Health Inspection SUPPLEMENTARY INFORMATION: (33) Palm Bay-Melbourne-Titusville, Service FL—consisting of the Palm Bay- Background Melbourne-Titusville, FL MSA; The regulations in 7 CFR part 319 7 CFR Part 319 (34) Philadelphia-Reading-Camden, prohibit or restrict the importation of PA–NJ–DE–MD—consisting of the [Docket No. APHIS–2014–0106] certain plants and plant products into Philadelphia-Reading-Camden, PA–NJ– the United States to prevent the DE–MD CSA, except for Joint Base RIN 0579–AE10 introduction of quarantine plant pests. McGuire-Dix-Lakehurst; The regulations contained in ‘‘Subpart— (35) Phoenix-Mesa-Scottsdale, AZ— Importation of Phalaenopsis Spp. Plants for Planting in Approved Plants for Planting,’’ §§ 319.37 through consisting of the Phoenix-Mesa- Growing Media From China to the 319.37–14 (referred to below as the Scottsdale, AZ MSA; (36) Pittsburgh-New Castle-Weirton, Continental United States regulations), prohibit or restrict, among PA–OH–WV—consisting of the other things, the importation of living Pittsburgh-New Castle-Weirton, PA– AGENCY: Animal and Plant Health plants, plant parts, and seeds for OH–WV CSA; Inspection Service, USDA. propagation or planting. (37) Portland-Vancouver-Salem, OR– ACTION: Proposed rule. The regulations differentiate between WA—consisting of the Portland- prohibited articles and restricted Vancouver-Salem, OR–WA CSA; SUMMARY: We are proposing to amend articles. Prohibited articles are plants for (38) Raleigh-Durham-Chapel Hill, the regulations governing the planting whose importation into the NC—consisting of the Raleigh-Durham- importation of plants for planting to United States is not authorized due to Chapel Hill, NC CSA and also including authorize the importation of the risk the articles present of Cumberland County, NC, Hoke County, Phalaenopsis spp. plants for planting introducing or disseminating plant NC, Robeson County, NC, Scotland from China in approved growing media pests. Restricted articles are articles County, NC, and Wayne County, NC; into the continental United States, authorized importation into the United (39) Richmond, VA—consisting of the subject to a systems approach. The States, provided that the articles are Richmond, VA MSA and also including systems approach would consist of subject to measures to address such risk. Cumberland County, VA, King and measures that are currently specified in Conditions for the importation into Queen County, VA, and Louisa County, the regulations as generally applicable the United States of restricted articles in rljohnson on DSK3VPTVN1PROD with PROPOSALS VA; to all plants for planting authorized growing media are found in § 319.37–8. (40) Sacramento-Roseville, CA–NV— importation into the United States in Within that section, the introductory consisting of the Sacramento-Roseville, approved growing media. This proposed text of paragraph (e) lists taxa of CA CSA and also including Carson City, rule would allow for the importation of restricted articles that may be imported NV, and Douglas County, NV; Phalaenopsis spp. plants for planting into the United States in approved (41) San Diego-Carlsbad, CA— from China in approved growing media, growing media, subject to the provisions consisting of the San Diego-Carlsbad, while providing protection against the of a systems approach. Paragraph (e)(1) CA MSA; introduction of plant pests. of § 319.37–8 lists the approved growing VerDate Sep<11>2014 12:29 May 29, 2015 Jkt 235001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\01JNP1.SGM 01JNP1


Document Created: 2015-12-15 15:18:55
Document Modified: 2015-12-15 15:18:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule with request for comments.
DatesWe must receive comments on or before July 1, 2015.
ContactJoe Ratcliffe, (202) 606-2838; fax: (202) 606-0824; email: [email protected]
FR Citation80 FR 30955 
RIN Number3206-AM88
CFR AssociatedGovernment Employees; Law Enforcement Officers and Wages
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