81 FR 86249 - Prevailing Rate Systems; Redefinition of the New York, NY, and Philadelphia, PA, Appropriated Fund Federal Wage System Wage Areas
OFFICE OF PERSONNEL MANAGEMENT Federal Register Volume 81, Issue 230 (November 30, 2016)
Federal Register Volume 81, Issue 230 (November 30, 2016)
| Page Range | 86249-86250 | |
| FR Document | 2016-28769 |
[Federal Register Volume 81, Number 230 (Wednesday, November 30, 2016)] [Rules and Regulations] [Pages 86249-86250] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28769] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 81, No. 230 / Wednesday, November 30, 2016 / Rules and Regulations [[Page 86249]] OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 532 RIN 3206-AN29 Prevailing Rate Systems; Redefinition of the New York, NY, and Philadelphia, PA, Appropriated Fund Federal Wage System Wage Areas AGENCY: U.S. Office of Personnel Management. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing a final rule to redefine the geographic boundaries of the New York, NY, and Philadelphia, PA, appropriated fund Federal Wage System (FWS) wage areas. The final rule will address an anomalous situation affecting Joint Base McGuire-Dix-Lakehurst. Portions of the Joint Base are currently defined to the Philadelphia wage area and to the New York wage area. OPM has developed a new criterion for defining wage areas to address this unique situation so that the entire Joint Base is covered by a single wage schedule. DATES: Effective date: This regulation is effective on November 30, 2016. Applicability date: This change applies on the first day of the first applicable pay period beginning on or after December 30, 2016. FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, by telephone at (202) 606-2838 or by email at [email protected]. SUPPLEMENTARY INFORMATION: On July 20, 2016, OPM issued a proposed rule (81 FR 47049) to redefine the Joint Base McGuire-Dix-Lakehurst portions of Burlington County, NJ, and Ocean County, NJ, that are currently defined to the Philadelphia, PA, wage area to the New York, NY, wage area so that the entire Joint Base is covered by a single FWS wage schedule. This change is based on a majority recommendation of the Federal Prevailing Rate Advisory Committee (FPRAC), the national labor- management committee responsible for advising OPM on the administration of the FWS. The 30-day comment period ended on August 19, 2016. OPM received comments from several hundred Federal employees, several Members of Congress, and one agency. Public comments supported defining the Joint Base McGuire-Dix-Lakehurst portions of Burlington County and Ocean County currently defined to the Philadelphia wage area to the New York wage area. Employees stationed at Tobyhanna Army Depot in northeastern Pennsylvania asked that OPM also consider redefining Monroe County, PA, from the Scranton-Wilkes-Barre, PA, wage area to the New York wage area. FPRAC made a separate recommendation by majority vote in January 2016 that OPM redefine Monroe County to the New York wage area. FPRAC's recommendation, and the public comments regarding Tobyhanna Army Depot, is beyond the scope of this rule. The intent of this rule is to address an anomalous situation created when a contiguous Joint Base overlaps two metropolitan areas and two FWS wage areas. The proposed rule's new criterion for defining FWS wage area boundaries has limited applicability and was not intended to address any other situation. An agency suggested that instead of defining a single contiguous Joint Base that overlaps two wage areas to the wage area with the most favorable payline, OPM should in the future consider basing the wage area definition for a Joint Base on the part of the Joint Base with the largest FWS employment count. The agency expressed concerns that Joint Bases were established in part to save costs and the proposed new criterion would result in higher wage costs. Although OPM considered this option when developing the proposed rule, it was not adopted because the new proposed criterion follows a protocol already established in similar FWS special wage schedule regulations as an equitable method for compensating employees stationed at a small contiguous installation. In addition, several commenters questioned the effective date of the proposed change recommending retroactive applicability. OPM defines wage areas through regulations in 5 CFR part 532. Changes in OPM's regulations are prospective, not retroactive, following an appropriate period for public comment. This change will apply on the first day of the first applicable pay period beginning on or after 30 days following publication of the final regulations. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities because they will affect only Federal agencies and employees. Executive Order 13563 and Executive Order 12866 This final rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 13563 and Executive Order 12866. List of Subjects in 5 CFR Part 532 Administrative practice and procedure, Freedom of information, Government employees, Reporting and recordkeeping requirements, Wages. U.S. Office of Personnel Management. Beth F. Cobert, Acting Director. Accordingly, OPM amends 5 CFR part 532 as follows: PART 532--PREVAILING RATE SYSTEMS 0 1. The authority citation for part 532 continues to read as follows: Authority: 5 U.S.C. 5343, 5346; Sec. 532.707 also issued under 5 U.S.C. 552. Subpart B--Prevailing Rate Determinations 0 2. Section 532.211 is amended by adding a new paragraph (f) to read as follows: Sec. 532.211 Criteria for establishing appropriated fund wage areas. * * * * * (f) A single contiguous military installation defined as a Joint Base that would otherwise overlap two separate wage areas shall be included in only a single wage area. The wage area of such a Joint Base shall be defined to be the wage area with the most favorable payline based on an analysis of the simple average of the 15 nonsupervisory [[Page 86250]] second step rates on each one of the regular wage schedules applicable in the otherwise overlapped wage areas. 0 3. Appendix C to subpart B is amended by revising the wage area listing for the New York, NY, and Philadelphia, PA, wage areas to read as follows: Appendix C to Subpart B of Part 532--Appropriated Fund Wage and Survey Areas * * * * * NEW YORK * * * * * New York Survey Area New Jersey: Bergen Essex Hudson Middlesex Morris Passaic Somerset Union New York: Bronx Kings Nassau New York Orange Queens Suffolk Westchester Area of Application. Survey area plus: New Jersey: Burlington (Joint Base McGuire-Dix-Lakehurst portion only) Hunterdon Monmouth Ocean Sussex New York: Dutchess Putnam Richmond Rockland Pennsylvania: Pike * * * * * PENNSYLVANIA * * * * * Philadelphia Survey Area New Jersey: Burlington (Excluding the Joint Base McGuire-Dix-Lakehurst portion) Camden Gloucester Pennsylvania: Bucks Chester Delaware Montgomery Philadelphia Area of Application. Survey area plus: New Jersey: Atlantic Cape May Cumberland Mercer Warren Pennsylvania: Carbon Lehigh Northampton * * * * * [FR Doc. 2016-28769 Filed 11-29-16; 8:45 am] BILLING CODE 6325-39-P
![86250 Federal Register / Vol. 81, No. 230 / Wednesday, November 30, 2016 / Rules and Regulations
second step rates on each one of the Atlantic Agencies’ rules exempted, among other
regular wage schedules applicable in the Cape May loan types, transactions of $25,000 or
otherwise overlapped wage areas. Cumberland less, and required that this loan amount
Mercer be adjusted annually based on any
■ 3. Appendix C to subpart B is
Warren
amended by revising the wage area Pennsylvania:
annual percentage increase in the
listing for the New York, NY, and Carbon Consumer Price Index for Urban Wage
Philadelphia, PA, wage areas to read as Lehigh Earners and Clerical Workers (CPI–W).
follows: Northampton If there is no annual percentage increase
in the CPI–W, the OCC, the Board and
Appendix C to Subpart B of Part 532— * * * * * the Bureau will not adjust this
Appropriated Fund Wage and Survey exemption threshold from the prior
[FR Doc. 2016–28769 Filed 11–29–16; 8:45 am]
Areas year. The final rule will memorialize
BILLING CODE 6325–39–P
this as well as the agencies’ calculation
method for determining the adjustment
* * * * *
in years following a year in which there
NEW YORK DEPARTMENT OF THE TREASURY
is no annual percentage increase in the
* * * * * Office of the Comptroller of the CPI–W. Based on the CPI–W in effect as
New York Currency of June 1, 2016, the exemption threshold
Survey Area will remain at $25,500 through 2017.
New Jersey: 12 CFR Part 34 DATES: This final rule is effective
Bergen January 1, 2017.
Essex [Docket No. OCC–2015–0021] FOR FURTHER INFORMATION CONTACT:
Hudson RIN 1557–AD99 OCC: MaryAnn Nash, Counsel,
Middlesex Legislative and Regulatory Activities
Morris FEDERAL RESERVE SYSTEM Division, (202) 649–6287; for persons
Passaic
who are deaf and hard of hearing TTY,
Somerset
Union
12 CFR Part 226 (202) 649–5597. Board: Lorna M. Neill,
New York: Senior Counsel, Division of Consumer
[Docket No. R–1443]
Bronx and Community Affairs, Board of
Kings RIN 7100–AD 90 Governors of the Federal Reserve
Nassau System, at (202) 452–3667; for users of
New York BUREAU OF CONSUMER FINANCIAL Telecommunications Device for the Deaf
Orange PROTECTION (TDD) only, contact (202) 263–4869.
Queens Bureau: Jaclyn Maier, Counsel, Office of
Suffolk 12 CFR Part 1026 Regulations, Consumer Financial
Westchester
[Docket No. CFPB–2016–0035] Protection Bureau, at (202) 435–7700.
Area of Application. Survey area plus:
SUPPLEMENTARY INFORMATION:
New Jersey: RIN 3170–AA68
Burlington (Joint Base McGuire-Dix- I. Background
Lakehurst portion only) Appraisals for Higher-Priced Mortgage
Hunterdon
The Dodd-Frank Wall Street Reform
Loans Exemption Threshold and Consumer Protection Act of 2010
Monmouth
Ocean AGENCY: Board of Governors of the (Dodd-Frank Act) amended the Truth in
Sussex Federal Reserve System (Board); Bureau Lending Act (TILA) to add special
New York: of Consumer Financial Protection appraisal requirements for ‘‘higher-risk
Dutchess (Bureau); and Office of the Comptroller mortgages.’’ 1 In January 2013, the
Putnam Agencies issued a joint final rule
Richmond
of the Currency, Treasury (OCC).
implementing these requirements and
Rockland ACTION: Final rules, official
adopted the term ‘‘higher-priced
Pennsylvania: interpretations and commentary.
Pike
mortgage loan’’ (HPML) instead of
SUMMARY: The OCC, the Board, and the ‘‘higher-risk mortgage’’ (the January
* * * * * Bureau are finalizing amendments to the 2013 Final Rule).2 In July 2013, the
PENNSYLVANIA official interpretations for their Agencies proposed additional
regulations that implement section exemptions from the January 2013 Final
* * * * * 129H of the Truth in Lending Act Rule (the 2013 Supplemental Proposed
Philadelphia (TILA). Section 129H of TILA Rule).3 In December 2013, the Agencies
Survey Area establishes special appraisal issued a supplemental final rule with
New Jersey: requirements for ‘‘higher-risk additional exemptions from the January
Burlington (Excluding the Joint Base mortgages,’’ termed ‘‘higher-priced 2013 Final Rule (the December 2013
McGuire-Dix-Lakehurst portion) mortgage loans’’ or ‘‘HPMLs’’ in the Supplemental Final Rule).4 Among
Camden other exemptions, the Agencies adopted
Gloucester
agencies’ regulations. The OCC, the
Board, the Bureau, the Federal Deposit an exemption from the new HPML
Pennsylvania:
sradovich on DSK3GMQ082PROD with RULES
Bucks Insurance Corporation (FDIC), the appraisal rules for transactions of
Chester National Credit Union Administration
1 Public Law 111–203 section 1471, 124 Stat.
Delaware (NCUA) and the Federal Housing
1376 (2010), codified at TILA section 129H, 15
Montgomery Finance Agency (FHFA) (collectively, U.S.C. 1639h.
Philadelphia the Agencies) issued joint final rules 2 78 FR 10368 (Feb. 13, 2013).
Area of Application. Survey area plus: implementing these requirements, 3 78 FR 48548 (Aug. 8, 2013).
New Jersey: effective January 18, 2014. The 4 78 FR 78520 (Dec. 26, 2013).
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Document Created: 2016-11-30 02:17:44
Document Modified: 2016-11-30 02:17:44
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Contact | Madeline Gonzalez, by telephone at (202) 606-2838 or by email at [email protected] | |
| FR Citation | 81 FR 86249 | |
| RIN Number | 3206-AN29 | |
| CFR Associated | Administrative Practice and Procedure; Freedom of Information; Government Employees; Reporting and Recordkeeping Requirements and Wages |
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