[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Rules and Regulations]
[Pages 45853-45854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18244]



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  Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / 
Rules and Regulations  

[[Page 45853]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AL45


Prevailing Rate Systems; North American Industry Classification 
System Based Federal Wage System Wage Area

AGENCY: U.S. Office of Personnel Management.

ACTION: Final rule.

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

SUMMARY: The U.S. Office of Personnel Management is issuing a final 
rule to update the 2002 North American Industry Classification System 
(NAICS) codes currently used in Federal Wage System wage survey 
industry regulations with the 2007 NAICS revisions published by the 
Office of Management and Budget.

DATES: Effective date: This rule is effective September 8, 2008.
    Applicability date: This rule applies for local wage surveys 
beginning on or after November 1, 2008.

FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, (202) 606-2838; e-
mail [email protected]; or Fax: (202) 606-4264.

SUPPLEMENTARY INFORMATION: On January 17, 2008, the U.S. Office of 
Personnel Management (OPM) issued a proposed rule (73 FR 3220) to 
update the 2002 North American Industry Classification System (NAICS) 
codes currently used in Federal Wage System wage survey industry 
regulations with the 2007 NAICS revisions published by the Office of 
Management and Budget (OMB). These final regulations use 2007 NAICS 
codes. As OMB continues to update the NAICS periodically, we will 
update these regulations to correspond to the updated NAICS codes based 
on advice we receive from the Federal Prevailing Rate Advisory 
Committee.
    The proposed rule had a 30-day comment period, during which OPM 
received no comments. However, the final rule incorporates three 
additional minor changes that are consistent with the intent of the 
proposed rule. First, OMB's NAICS revisions for 2007 divide 2002 NAICS 
54171, Research and development in the physical, engineering, and life 
sciences, into two parts--NAICS 541711, Research and development in 
biotechnology, and NAICS 541712, Research and development in the 
physical, engineering, and life sciences (except biotechnology). We are 
changing NAICS 54171 to NAICS 541712 in the aircraft and guided 
missiles specialized industries in section 532.313 of title 5, Code of 
Federal Regulations, because private sector establishments involved in 
DNA research, cloning, and nanobiotechnology do not have blue-collar 
jobs comparable to the aircraft and guided missiles industries. Second, 
OMB's NAICS revisions for 2007 change NAICS 5173, Telecommunications 
resellers, to NAICS 517911, Telecommunications resellers. We are 
deleting NAICS 5173 from the artillery and combat vehicles and 
communications specialized industries and adding NAICS 517911 to the 
artillery and combat vehicles industry. We are also changing NAICS 5179 
in the communications specialized industry to NAICS 517911 to better 
match NAICS wage industry coverage with actual blue-collar jobs in the 
communications industry. Third, OMB's NAICS revisions for 2007 also 
change NAICS 5175, Cable and other program distribution, to NAICS 5171. 
We are deleting NAICS 5175 from the communications industry. The 
communications industry already includes NAICS 5171. We inadvertently 
overlooked these industries in the proposed rule.
    This final regulation is effective 30 days after publication. 
However, to provide the lead agency (the Department of Defense) with 
sufficient time and a fixed date for planning surveys and implementing 
changes required by the new industry classification system, the 
regulation is applicable for wage surveys ordered to begin on or after 
November 1, 2008.

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.

E.O. 12866, Regulatory Review

    The Office of Management and Budget has reviewed this final rule in 
accordance with 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.

Office of Personnel Management.
Linda M. Springer,
Director.

0
Accordingly, the U.S. Office of Personnel Management 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.


Sec.  532.213  [Amended]

0
2. In Sec.  532.213, amend the table titles in both columns by 
replacing the year ``2002'' with ``2007.''


Sec.  532.221  [Amended]

0
3. In Sec.  532.221, amend the table titles in both columns by 
replacing the year ``2002'' with ``2007.''


Sec.  532.267  [Amended]

0
4. In Sec.  532.267(c)(1), amend the table titles in both columns by 
replacing the year ``2002'' with ``2007'' and add NAICS code ``334515'' 
in the first column in numerical order and ``Instrument manufacturing 
for measuring and testing electricity and electrical signals'' in the 
second column.


Sec.  532.285  [Amended]

0
5. In Sec.  532.285(c)(1), amend the table titles in both columns by 
replacing the year ``2002'' with ``2007.''


Sec.  532.313  [Amended]

0
6. In Sec.  532.313(a), amend the table as follows:
0
a. Replace the year ``2002'' with ``2007'' in the table titles in both 
columns;
0
b. Add NAICS code ``334515'' in the first column in numerical order and

[[Page 45854]]

``Instrument manufacturing for measuring and testing electricity and 
electrical signals'' in the second column to the list of required NAICS 
codes for the Electronics Specialized Industry, Guided Missiles 
Specialized Industry, and Sighting and Fire Control Equipment 
Specialized Industry;
0
c. Remove NAICS code ``5173'' in the first column and 
``Telecommunications resellers'' in the second column from the list of 
required NAICS codes for the Artillery and Combat Vehicles Specialized 
Industry and Communications Specialized Industry;
0
d. Remove NAICS code ``5175'' in the first column and ``Cable and other 
program distribution'' in the second column from the list of required 
NAICS codes for the Communications Specialized Industry;
0
e. Remove NAICS code ``5179'' in the first column and ``Other 
telecommunications'' in the second column from the list of required 
NAICS codes for the Communications Specialized Industry;
0
f. Add NAICS code ``517911'' in the first column in numerical order and 
``Telecommunications resellers'' in the second column to the list of 
required NAICS codes for the Artillery and Combat Vehicles Specialized 
Industry and Communications Specialized Industry;
0
g. Replace NAICS code ``54171'' in the first column and ``Research and 
development in the physical, engineering, and life sciences'' in the 
second column with NAICS code ``541712'' in the first column and 
``Research and development in the physical, engineering, and life 
sciences (except biotechnology)'' in the second column in the list of 
required NAICS codes for Aircraft Specialized Industry and Guided 
Missiles Specialized Industry; and
0
h. Remove NAICS code ``81299'' in the first column and ``All other 
personal services'' in the second column from the list of required 
NAICS codes for the Artillery and Combat Vehicle Specialized Industry.

[FR Doc. E8-18244 Filed 8-6-08; 8:45 am]
BILLING CODE 6325-39-P