[Federal Register Volume 84, Number 44 (Wednesday, March 6, 2019)]
[Proposed Rules]
[Pages 8043-8045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00798]


 ========================================================================
 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. 84, No. 44 / Wednesday, March 6, 2019 / 
Proposed Rules  

[[Page 8043]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AN78


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

AGENCY: Office of Personnel Management.

ACTION: Proposed rule with request for comments.

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

SUMMARY: The Office of Personnel Management (OPM) is issuing a proposed 
rule to update the 2012 North American Industry Classification System 
(NAICS) codes currently used in Federal Wage System (FWS) wage survey 
industry regulations with the 2017 NAICS revisions published by the 
Office of Management and Budget (OMB).

DATES: We must receive comments on or before April 5, 2019.

ADDRESSES: You may submit comments, identified by docket number and/or 
Regulatory Information Number (RIN) and title, by the following method:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    All submissions received must include the agency name and docket 
number or RIN for this document. The general policy for comments and 
other submissions from members of the public is to make these 
submissions available for public viewing at http://www.regulations.gov 
as they are received without change, including any personal identifiers 
or contact information.

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

SUPPLEMENTARY INFORMATION: On September 23, 2013, OPM issued a final 
rule (78 FR 58153) to update the 2007 NAICS codes used in FWS wage 
survey industry regulations with the 2012 NAICS revisions published by 
OMB. OPM's current regulations use 2012 NAICS codes. OMB has now 
published the NAICS revisions for 2017, 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 2012 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 2017 and is proposing the following changes:
     Delete NAICS codes 4521 (Department stores) and 45299 (All 
other general merchandise stores) from the list of required NAICS codes 
in 5 CFR 532.221 and add NAICS codes 4522 (Department stores) and 4523 
(General merchandise stores, including warehouse clubs and 
supercenters);
     Delete NAICS codes 5171 (Wired telecommunications 
carriers) and 5172 (Wireless telecommunications carriers (except 
satellite)) from the list of required NAICS codes in the Artillery and 
combat vehicle specialized industry and in the Communications 
specialized industry in 5 CFR 532.313 and add NAICS codes 5173 (Wired 
and wireless telecommunications carriers);
     Delete NAICS codes 541712 (Research and development in the 
physical, engineering, and life sciences (except biotechnology)--
nanotechnology research and experimental development laboratories) from 
the list of required NAICS codes in the Aircraft specialized industry 
and in the Guided missiles specialized industry in 5 CFR 532.313 and 
add NAICS codes 541713 (Research and development in nanotechnology) and 
541715 (Research and development in the physical, engineering, and life 
sciences (except nanotechnology and biotechnology));
     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 the Electronics specialized industry, Guided missiles 
specialized industry, and Sighting and fire control equipment 
specialized industry 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 the Aircraft specialized industry in 5 CFR 532.313.
    None of the other sections are affected by 2017 changes in NAICS 
codes. OPM is also proposing to replace the year ``2012'' with ``2017'' 
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 Impact Analysis

    OPM has examined the impact of this rule as required by Executive 
Order 12866 and Executive Order 13563, which direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public, 
health, and safety effects, distributive impacts, and equity). A 
regulatory impact analysis must be prepared for major rules with 
economically significant effects of $100 million or more in any 1 year. 
This rule has been designated as a ``significant regulatory action,'' 
under Executive Order 12866, but it is not ``economically significant'' 
as measured by the $100 million threshold.

Reducing Regulation and Controlling Regulatory Costs

    This rule is not an Executive Order 13771 regulatory action because 
this rule is related to agency organization, management, or personnel.

Regulatory Flexibility Act

    OPM certifies that this rule will not have a significant economic 
impact on

[[Page 8044]]

a substantial number of small entities because they will affect only 
Federal agencies and employees.

Federalism

    We have examined this rule in accordance with Executive Order 
13132, Federalism, and have determined that this rule will not have any 
negative impact on the rights, roles and responsibilities of State, 
local, or tribal governments.

Civil Justice Reform

    This regulation meets the applicable standard set forth in 
Executive Order 12988.

Unfunded Mandates Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any year and it will not significantly or uniquely 
affect small governments. Therefore, no actions were deemed necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

Congressional Review Act

    This action pertains to agency management, personnel, and 
organization and does not substantially affect the rights or 
obligations of nonagency parties and, accordingly, is not a ``rule'' as 
that term is used by the Congressional Review Act (Subtitle E of the 
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)). 
Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.

Paperwork Reduction Act

    This rule does not impose any new reporting or record-keeping 
requirements subject to the Paperwork Reduction Act.

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.
Alexys Stanley,
Regulatory Affairs Analyst.

    Accordingly, OPM 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 in paragraph (a) by removing 
``2012'' from the column headings and adding in its place ``2017.''
0
3. In Sec.  532.221, amend the table in paragraph (a) by revising the 
column headings, removing the entries for NAICS codes ``4521'' and 
``45299'' and adding in numerical order entries for NAICS codes 
``4522'' and ``4523''.
    The revisions and additions to read as follows:


Sec.  532.221  Industries included in regular nonappropriated fund 
surveys.

    (a) * * *

------------------------------------------------------------------------
       2017 NAICS codes                2017 NAICS industry titles
------------------------------------------------------------------------
 
                                * * * * *
4522.........................  Department stores
4523.........................  All other general merchandise stores
 
                                * * * * *
------------------------------------------------------------------------

* * * * *


Sec.  532.267   [Amended]

0
4. In Sec.  532.267, amend the table in paragraph (c)(1) by removing 
``2012'' from the column headings and adding in its place ``2017.''


Sec.  532.285   [Amended]

0
5. In Sec.  532.285, amend the table in paragraph (c)(1) by removing 
``2012'' from the column headings and adding in its place ``2017.''
0
6. In Sec.  532.313, amend the table in paragraph (a) by:
0
a. Revising the column headings;
0
b. Under the heading Aircraft Specialized Industry:
0
i. Revise the entry for NAICS Code 4921;
0
ii. Remove the entry for NAICS Code 541712; and
0
iii. Add entries for NAICS Codes 541713 and 541715;
0
c. Under the heading Artillery and Combat Vehicles Specialized 
Industry:
0
i. Remove the entries for NAICS Codes 5171 and 5172; and
0
ii. Add an entry for NAICS Code 5173;
0
d. Under the heading Communications Specialized Industry:
0
i. Remove the entries for NAICS Codes 5171 and 5172; and
0
ii. Add an entry for NAICS Code 5173;
0
e. Under the heading Electronic Specialized Industry:
0
i. Revise the entry for NAICS Code 334613;
0
f. Under the heading Guided Missiles Specialized Industry:
0
i. Revise the entry for NAICS Code 334613;
0
ii. Remove the entry for NAICS Code 541712; and
0
iii. Add entries for NAICS Codes 541713 and 541715;
0
g. Under the heading Sighting and Fire Control Equipment Specialized 
Industry:
0
i. Revise the entry for NAICS Code 334613.
    The revisions and additions to read as follows:


Sec.  532.313  Private sector industries.

    (a) * * *

------------------------------------------------------------------------
       2017 NAICS codes                2017 NAICS industry titles
------------------------------------------------------------------------
                      Aircraft Specialized Industry
------------------------------------------------------------------------
 
                              * * * * * * *
4921.........................  Couriers and express delivery services.

[[Page 8045]]

 
541713.......................  Research and development in
                                nanotechnology.
541715.......................  Research and development in the physical,
                                engineering, and life sciences (except
                                nanotechnology and biotechnology.
 
                              * * * * * * *
------------------------------------------------------------------------
           Artillery and Combat Vehicles Specialized Industry
------------------------------------------------------------------------
 
                              * * * * * * *
5173.........................  Wired and wireless telecommunications
                                carriers.
 
                             * * * * * * **
------------------------------------------------------------------------
                   Communications Specialized Industry
------------------------------------------------------------------------
 
                              * * * * * * *
5173.........................  Wired and wireless telecommunications
                                carriers.
 
                              * * * * * * *
------------------------------------------------------------------------
                     Electronic Specialized Industry
------------------------------------------------------------------------
 
                              * * * * * * *
334613.......................  Blank magnetic and optical recording
                                media manufacturing.
 
                              * * * * * * *
------------------------------------------------------------------------
                  Guided Missiles Specialized Industry
------------------------------------------------------------------------
 
                              * * * * * * *
334613.......................  Blank magnetic and optical recording
                                media manufacturing.
 
                              * * * * * * *
541713.......................  Research and development in
                                nonotechnology.
541715.......................  Research and development in the physical,
                                engineering, and life sciences (except
                                nonotechnology and biotechnology).
 
                              * * * * * * *
------------------------------------------------------------------------
        Sighting and Fire Control Equipment Specialized Industry
------------------------------------------------------------------------
 
                              * * * * * * *
334613.......................  Blank magnetic and optical recording
                                media manufacturing.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2019-00798 Filed 3-5-19; 8:45 am]
 BILLING CODE 6325-39-P