[Federal Register Volume 86, Number 197 (Friday, October 15, 2021)]
[Rules and Regulations]
[Page 57355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22512]



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 Rules and Regulations
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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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  Federal Register / Vol. 86, No. 197 / Friday, October 15, 2021 / 
Rules and Regulations  

[[Page 57355]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AO15


Prevailing Rate Systems; Conduct of Local Wage Surveys

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: On March 1, 2021, the Office of Personnel Management issued an 
interim final rule to amend regulations to allow for additional options 
to collect wage data during Federal Wage System full-scale and wage 
change surveys, namely, by personal visit, telephone, mail, or 
electronic means. This change is based on a majority recommendation of 
the Federal Prevailing Rate Advisory Committee and was initiated by a 
Department of Defense request for greater flexibility to obtain 
accurate and timely prevailing wage data in local labor markets during 
and after the national emergency caused by the COVID-19 health crisis. 
This document adopts the interim rule as final without change.

DATES: Effective October 15, 2021.

FOR FURTHER INFORMATION CONTACT: Mark Allen, by telephone at (202) 606-
2858 or by email at [email protected].

SUPPLEMENTARY INFORMATION: On March 1, 2021, OPM issued an interim 
final rule (86 FR 11857) to amend the regulatory provisions in part 532 
of title 5, Code of Federal Regulations (CFR), which require in-person 
visits by data collectors to private industrial establishments for 
Federal Wage System (FWS) full-scale wage surveys. The interim final 
rule amended sections 5 CFR 532.201, 532.207, 532.235, and 532.247.
    The amended regulations will provide additional options to collect 
wage data during full-scale and wage change surveys, namely, by 
personal visit, telephone, mail, or electronic means, even though the 
preferred method continues to be personal visits.
    The 30-day comment period ended on March 31, 2021. OPM received two 
comments in support of the collection of data by alternate means and 
eight comments that are beyond the scope of this rule.

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 is not a ``significant regulatory action,'' under Executive 
Order 12866.

Regulatory Flexibility Act

    OPM certifies that this rule will not have a significant economic 
impact on a substantial number of small entities.

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

    The Congressional Review Act (5 U.S.C. 801 et seq.) requires rules 
(as defined in 5 U.S.C. 804) to be submitted to Congress before taking 
effect. OPM will submit to Congress and the Comptroller General of the 
United States a report regarding the issuance of this action before its 
effective date, as required by 5 U.S.C. 801. This action is not major 
as defined by the Congressional Review Act (CRA) (5 U.S.C. 804).

Paperwork Reduction Act

    While this rule does not impose any new reporting or record-keeping 
requirements subject to the Paperwork Reduction Act, the following 
collections will be affected: Establishment Information Form (DD 1918), 
Wage Data Collection Form (DD 1919), and Wage Data Collection 
Continuation Form (DD 1919C)--OMB Control Number: 3206-0036. The 
systems of record notice for this collection is: https://www.opm.gov/information-management/privacy-policy/sorn/opm-sorn-central-1-civil-service-retirement-and-insurance-records.pdf.
    The survey and its methodology does not change based on this rule. 
Therefore burden and cost estimates remain the same. While we do not 
expect the respondent burden to increase or decrease through this 
change in procedure, in the long term, there may be some savings on 
travel costs. OPM note the the decision to use alternative data 
collection methods than in-person visits will reside with the local 
wage survey committee any cost savings are currently unknowable.

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.


0
Accordingly, the interim rule published March 1, 2021, at 86 FR 11857, 
is adopted as final without change.

[FR Doc. 2021-22512 Filed 10-14-21; 8:45 am]
BILLING CODE 6325-39-P