[Federal Register Volume 78, Number 184 (Monday, September 23, 2013)]
[Rules and Regulations]
[Pages 58153-58154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22498]



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 Rules and Regulations
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  Federal Register / Vol. 78, No. 184 / Monday, September 23, 2013 / 
Rules and Regulations  

[[Page 58153]]



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: Final rule.

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

SUMMARY: The U.S. Office of Personnel Management is issuing a final 
rule to 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: Effective date: This rule is effective October 23, 2013. 
Applicability date: This rule applies for local wage surveys beginning 
on or after February 21, 2014.

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

SUPPLEMENTARY INFORMATION: On March 26, 2013, the U.S. Office of 
Personnel Management (OPM) issued a proposed rule (78 FR 18252) to 
update the 2007 North American Industry Classification System (NAICS) 
codes used in Federal Wage System (FWS) wage survey industry 
regulations with the 2012 NAICS revisions published by the Office of 
Management and Budget (OMB). The Federal Prevailing Rate Advisory 
Committee (FPRAC), 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. The 30-day 
comment period ended on April 25, 2013. OPM received two comments from 
a labor organization.
    The first comment received from the labor organization was in 
reference to section 532.285 of title 5, Code of Federal Regulations--
Special wage schedules for supervisors of negotiated rate Bureau of 
Reclamation employees. The labor organization asked if the special 
schedule rates for supervisors of negotiated rate Bureau of Reclamation 
(BOR) employees at the Yuma Projects Area were based on the negotiated 
rates of union represented workers. The answer is no, rates for 
supervisors of negotiated rate BOR employees are not based on the 
negotiated rates of union represented workers. Section 532.285 provides 
that the special wage rates for supervisors of negotiated rate BOR 
employees be based on annual special wage surveys conducted by BOR in 
each special wage area. Survey jobs representing BOR positions at up to 
four levels will be matched to private industry jobs in each special 
wage area. Special schedule rates for each position will be based on 
prevailing rates for that particular job in private industry.
    The labor organization's second comment was in reference to NAICS 
code 332994 (Small arms, ordnance, and ordnance accessories 
manufacturing), which OPM proposed be added to the list of required 
NAICS codes in the Artillery and combat vehicle specialized industry in 
5 CFR 532.313. The labor organization asked if the addition of NAICS 
code 332994 would also encompass cannon tube production from Federal 
arsenals. The Department of Defense, the lead agency responsible for 
conducting FWS surveys and issuing wage schedules, surveys cannon 
manufacturers. Previously, OMB listed cannon manufacturing under NAICS 
code 332995, but with the 2012 update, it is now listed under NAICS 
code 332994. We note, however, that the law requires that FWS wage 
surveys include only private sector employers. If a private sector 
employer identified under NAICS code 332994 exists in a wage area, it 
may be included in an FWS wage survey. DOD does not survey any Federal 
agencies in order to set pay for FWS employees.
    We have not made any changes to the final regulations based on 
these two comments. This final regulation is effective 30 days after 
publication. However, to provide DOD with sufficient time and a fixed 
date for planning surveys and implementing changes required by OMB's 
2012 NAICS revisions, the regulation is applicable for wage surveys 
ordered to begin on or after February 21, 2014. As OMB continues to 
update NAICS codes periodically, we will update these regulations to 
correspond to the updated NAICS codes based on advice we receive from 
FPRAC.

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 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, 
Government employees, Reporting and recordkeeping requirements, Wages.

    U.S. Office of Personnel Management.
Elaine Kaplan,
Acting Director.

    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 headings in both columns by 
replacing the year ``2007'' with ``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

[[Page 58154]]

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;
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; and
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. 2013-22498 Filed 9-20-13; 8:45 am]
BILLING CODE 6325-39-P