[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Rules and Regulations]
[Pages 36813-36815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16129]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
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 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.
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 The Code of Federal Regulations is sold by the Superintendent of Documents. 
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  Federal Register / Vol. 84, No. 146 / Tuesday, July 30, 2019 / Rules 
and Regulations  

[[Page 36813]]



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: Final rule.

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

SUMMARY: The Office of Personnel Management (OPM) is issuing a final 
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: 
    Effective date: This rule is effective August 29, 2019.
    Applicability date: This rule applies for local wage surveys 
beginning on or after November 6, 2019.

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

SUPPLEMENTARY INFORMATION: On March 6, 2019, OPM issued a proposed rule 
(84 FR 8043) to update the 2012 NAICS codes used in FWS wage survey 
industry regulations with the 2017 NAICS revisions published by 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 5, 2019. OPM received one 
comment that is not pertinent to the proposed rule.
    This final regulation is effective 30 days after publication. 
However, to provide the Department of Defense with sufficient time for 
planning surveys and implementing changes required by OMB's 2017 NAICS 
revisions, the regulation is applicable for wage surveys ordered to 
begin on or after November 6, 2019.
    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 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 not significant under E.O. 12866.

Regulatory Flexibility Act

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

[[Page 36814]]

    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):
0
a. By revising the column headings;
0
b. Under the heading Aircraft Specialized Industry:
0
i. By revising the entry for NAICS Code 4921;
0
ii. By removing the entry for NAICS Code 541712; and
0
iii. By adding entries in numerical order for NAICS Codes 541713 and 
541715;
0
c. Under the heading Artillery and Combat Vehicles Specialized 
Industry:
0
i. By removing the entries for NAICS Codes 5171 and 5172; and
0
ii. By adding an entry in numerical order for NAICS Code 5173;
0
d. Under the heading Communications Specialized Industry:
0
i. By removing the entries for NAICS Codes 5171 and 5172; and
0
ii. By adding an entry in numerical order for NAICS Code 5173;
0
e. Under the heading Electronic Specialized Industry by revising the 
entry for NAICS Code 334613;
0
f. Under the heading Guided Missiles Specialized Industry:
0
i. By revising the entry for NAICS Code 334613;
0
ii. By removing the entry for NAICS Code 541712; and
0
iii. By adding entries in numerical order for NAICS Codes 541713 and 
541715; and
0
g. Under the heading Sighting and Fire Control Equipment Specialized 
Industry by revising 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.
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.
 
                              * * * * * * *
------------------------------------------------------------------------
                    Electronics Specialized Industry
------------------------------------------------------------------------
 
                              * * * * * * *
334613.....................  Blank magnetic and optical recording media
                              manufacturing.
 

[[Page 36815]]

 
                              * * * * * * *
------------------------------------------------------------------------
                  Guided Missiles Specialized Industry
------------------------------------------------------------------------
 
                              * * * * * * *
334613.....................  Blank magnetic and optical recording media
                              manufacturing.
 
                              * * * * * * *
541713.....................  Research and development in nanotechnology.
541715.....................  Research and development in the physical,
                              engineering, and life sciences (except
                              nanotechnology and biotechnology).
 
                              * * * * * * *
------------------------------------------------------------------------
        Sighting and Fire Control Equipment Specialized Industry
------------------------------------------------------------------------
 
                              * * * * * * *
334613.....................  Blank magnetic and optical recording media
                              manufacturing.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2019-16129 Filed 7-29-19; 8:45 am]
BILLING CODE 6325-39-P