[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Proposed Rules]
[Pages 18252-18253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06783]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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.
 
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  Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / 
Proposed Rules  

[[Page 18252]]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AM78


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

AGENCY: U. S. Office of Personnel Management.

ACTION: Proposed rule with request for comments.

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SUMMARY: The U.S. Office of Personnel Management is issuing a proposed 
rule that would update the 2007 North American Industry Classification 
System (NAICS) codes currently used in Federal Wage System wage survey 
industry regulations with the 2012 NAICS revisions published by the 
Office of Management and Budget.

DATES: We must receive comments on or before April 25, 2013.

ADDRESSES: You may submit comments, identified by ``RIN 3206-AM78,'' 
using either of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Mail: Jerome D. Mikowicz, Deputy Associate Director for Pay and 
Leave, Employee Services, U.S. Office of Personnel Management, Room 
7H31, 1900 E Street NW., Washington, DC 20415-8200, or email [email protected].

FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, by telephone at 
(202) 606-2838, or by email at [email protected].

SUPPLEMENTARY INFORMATION: On August 7, 2008, the U.S. Office of 
Personnel Management (OPM) issued a final rule (73 FR 45853) to update 
the 2002 North American Industry Classification System (NAICS) codes 
used in Federal Wage System (FWS) wage survey industry regulations with 
the 2007 NAICS revisions published by the Office of Management and 
Budget (OMB). OPM's current regulations use 2007 NAICS codes. OMB has 
now published the NAICS revisions for 2012, which result in certain 
changes in industry coverage for FWS wage surveys.
    The following sections of title 5, Code of Federal Regulations, 
list the industries included in the FWS wage surveys by 2007 NAICS 
codes:
    Section 532.213--Industries included in regular appropriated fund 
wage surveys.
    Section 532.221--Industries included in regular nonappropriated 
fund surveys.
    Section 532.267--Special wage schedules for aircraft, electronic, 
and optical instrument overhaul and repair positions in Puerto Rico.
    Section 532.285--Special wage schedules for supervisors of 
negotiated rate Bureau of Reclamation employees.
    Section 532.313--Private sector industries.
    OPM has reviewed these regulations in light of OMB's NAICS 
revisions for 2012 and is proposing the following changes:
     Delete NAICS codes 44311 (Appliance, television, and other 
electronic stores), 7221 (Full-service restaurants), and 7222 (Limited-
service eating places) from the list of required NAICS codes in 5 CFR 
532.221 and add NAICS codes 443 (Electronics and appliance stores) and 
7225 (Restaurants and other eating places);
     Add NAICS code 333316 (Photographic and photocopying 
equipment manufacturing) to the list of required NAICS codes in 5 CFR 
532.267 and three of the specialized industries (Electronics, Guided 
missiles, and Sighting and fire control equipment) in 5 CFR 532.313;
     Delete NAICS codes 332212 (Hand and edge tool 
manufacturing), 332995 (Other ordnance and accessories manufacturing), 
336312 (Gasoline engine and engine parts manufacturing), 336322 (Other 
motor vehicle electrical and electronic equipment manufacturing), and 
336399 (All other motor vehicle parts manufacturing) from the list of 
required NAICS codes in the Artillery and combat vehicle specialized 
industry in 5 CFR 532.313 and add NAICS codes 332216 (Saw blade and 
hand tool manufacturing), 332994 (Small arms, ordnance, and ordnance 
accessories manufacturing), 33631 (Motor vehicle gasoline engine and 
engine parts manufacturing), 33632 (Motor vehicle electrical and 
electronic equipment manufacturing), and 33639 (Other motor vehicle 
parts manufacturing);
     Delete NAICS codes 334414 (Electronic capacitor 
manufacturing) and 334415 (Electronic resistor manufacturing) from the 
list of required NAICS codes in the Electronics specialized industry in 
5 CFR 532.313;
     Revise the title of NAICS code 334613 (Magnetic and 
optical recording media manufacturing) to read ``Blank magnetic and 
optical recording media manufacturing'' in the list of required NAICS 
codes in 5 CFR 532.267 and to three of the specialized industries 
(Electronics, Guided missiles, and Sighting and fire control equipment) 
in 5 CFR 532.313; and
     Revise the title of NAICS code 4921 (Couriers) to read 
``Couriers and express delivery services'' in the list of required 
NAICS codes in 5 CFR 532.267 and in the Aircraft specialized industry 
in 5 CFR 532.313.
    None of the other sections are affected by 2012 changes in NAICS 
codes. OPM is also proposing to replace the year ``2007'' with ``2012'' 
in the table titles of all applicable sections.
    The Federal Prevailing Rate Advisory Committee, the national labor-
management committee responsible for advising OPM on matters concerning 
the pay of FWS employees, recommended by consensus that we adopt these 
changes.

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 affect only Federal agencies and employees.

Executive Order 13563 and Executive Order 12866

    This proposed 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,

[[Page 18253]]

Government employees, Reporting and recordkeeping requirements, Wages.

John Berry,
Director, U.S. Office of Personnel Management.
    Accordingly, the U.S. Office of Personnel Management 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.


Sec.  532.213  [Amended]

0
2. In Sec.  532.213, amend the table headings in both columns by 
removing ``2007'' and adding ``2012.''


Sec.  532.221  [Amended]

0
3. In Sec.  532.221, amend the table as follows:
0
a. Revise the year ``2007'' to ``2012'' in the table headings in both 
columns;
0
b. Remove NAICS codes ``44311,'' ``7221,'' and ``7222'' in the first 
column and ``Appliance, television, and other electronic stores,'' 
``Full-service restaurants,'' and ``Limited-service eating places'' in 
the second column; and
0
c. Add NAICS codes ``443'' and ``7225'' in the first column in 
numerical order and ``Electronics and appliance stores'' and 
``Restaurants and other eating places'' in the second column.


Sec.  532.267  [Amended]

0
4. In Sec.  532.267(c)(1), amend the table as follows:
0
a. Revise the year ``2007'' to ``2012'' in the table headings in both 
columns;
0
b. Add NAICS code ``333316'' in the first column in numerical order and 
``Photographic and photocopying equipment manufacturing'' in the second 
column;
0
c. Revise the title of NAICS code 334613 from ``Magnetic and optical 
recording media manufacturing'' to ``Blank magnetic and optical 
recording media manufacturing'' in the second column; and
0
d. Revise the title of NAICS code 4921 from ``Couriers'' to ``Couriers 
and express delivery services'' in the second column.


Sec.  532.285  [Amended]

0
5. In Sec.  532.285(c)(1), amend the table headings in both columns by 
replacing the year ``2007'' with ``2012.''


Sec.  532.313  [Amended]

0
6. In Sec.  532.313(a), amend the table as follows:
0
a. Revise the year ``2007'' to ``2012'' in the table headings in both 
columns;
0
b. Add NAICS code ``333316'' in the first column in numerical order and 
``Photographic and photocopying equipment manufacturing'' 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; and
0
c. Remove NAICS codes ``332212,'' ``332995,'' ``336312,'' ``336322,'' 
and ``336399'' in the first column and ``Hand and edge tool 
manufacturing,'' ``Other ordnance and accessories manufacturing,'' 
``Gasoline engine and engine parts manufacturing,'' ``Other motor 
vehicle electrical and electronic equipment manufacturing,'' and ``All 
other motor vehicle parts manufacturing'' in the second column from the 
list of required NAICS codes for the Artillery and Combat Vehicle 
Specialized Industry.
0
d. Add NAICS codes ``332216,'' ``332994,'' ``33631,'' ``33632,'' and 
``33639'' in the first column in numerical order and ``Saw blade and 
hand tool manufacturing,'' ``Small arms, ordnance, and ordnance 
accessories manufacturing,'' ``Motor vehicle gasoline engine and engine 
parts manufacturing,'' ``Motor vehicle electrical and electronic 
equipment manufacturing,'' and ``Other motor vehicle parts 
manufacturing'' in the second column to the list of required NAICS 
codes for the for the Artillery and Combat Vehicle Specialized 
Industry;
[FR Doc. 2013-06783 Filed 3-25-13; 8:45 am]
BILLING CODE 6325-39-P