Prevailing Rate Systems; North American Industry Classification System Based Federal Wage System Wage Surveys, 36813-36815 [2019-16129]
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36813
Rules and Regulations
Federal Register
Vol. 84, No. 146
Tuesday, July 30, 2019
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.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 532
Regulatory Impact Analysis
RIN 3206–AN78
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.
Prevailing Rate Systems; North
American Industry Classification
System Based Federal Wage System
Wage Surveys
Office of Personnel
Management.
ACTION: Final rule.
AGENCY:
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 pay-leavepolicy@opm.gov.
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 labormanagement 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
SUMMARY:
jspears on DSK3GMQ082PROD with RULES
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.
VerDate Sep<11>2014
16:02 Jul 29, 2019
Jkt 247001
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.
Reducing Regulation and Controlling
Regulatory Costs
List of Subjects in 5 CFR Part 532
Administrative practice and
procedure, Freedom of information,
Government employees, Reporting and
recordkeeping requirements, Wages.
This rule is not an Executive Order
13771 regulatory action because this
rule is not significant under E.O. 12866.
Office of Personnel Management.
Alexys Stanley,
Regulatory Affairs Analyst.
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.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
Accordingly, OPM is amending 5 CFR
part 532 as follows:
PART 532—PREVAILING RATE
SYSTEMS
1. The authority citation for part 532
continues to read as follows:
■
Authority: 5 U.S.C. 5343, 5346; § 532.707
also issued under 5 U.S.C. 552.
§ 532.213
[Amended]
2. In § 532.213, amend the table in
paragraph (a) by removing ‘‘2012’’ from
the column headings and adding in its
place ‘‘2017.’’
■ 3. In § 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.’’
■
E:\FR\FM\30JYR1.SGM
30JYR1
36814
Federal Register / Vol. 84, No. 146 / Tuesday, July 30, 2019 / Rules and Regulations
The revisions and additions to read as
follows:
§ 532.221 Industries included in regular
nonappropriated fund surveys.
(a) * * *
2017 NAICS
codes
2017 NAICS industry titles
*
4522 .......................
4523 .......................
*
*
Department stores.
All other general merchandise stores.
*
*
*
*
*
§ 532.267
*
*
*
*
*
*
*
*
*
*
ii. By removing the entry for NAICS
Code 541712; and
■ iii. By adding entries in numerical
order for NAICS Codes 541713 and
541715;
■ c. Under the heading Artillery and
Combat Vehicles Specialized Industry:
■ i. By removing the entries for NAICS
Codes 5171 and 5172; and
■ ii. By adding an entry in numerical
order for NAICS Code 5173;
■ d. Under the heading
Communications Specialized Industry:
■ i. By removing the entries for NAICS
Codes 5171 and 5172; and
■ ii. By adding an entry in numerical
order for NAICS Code 5173;
■ e. Under the heading Electronic
Specialized Industry by revising the
entry for NAICS Code 334613;
■
[Amended]
4. In § 532.267, amend the table in
paragraph (c)(1) by removing ‘‘2012’’
from the column headings and adding
in its place ‘‘2017.’’
■
§ 532.285
*
[Amended]
5. In § 532.285, amend the table in
paragraph (c)(1) by removing ‘‘2012’’
from the column headings and adding
in its place ‘‘2017.’’
■ 6. In § 532.313, amend the table in
paragraph (a):
■ a. By revising the column headings;
■ b. Under the heading Aircraft
Specialized Industry:
■ i. By revising the entry for NAICS
Code 4921;
■
2017 NAICS
codes
f. Under the heading Guided Missiles
Specialized Industry:
■ i. By revising the entry for NAICS
Code 334613;
■ ii. By removing the entry for NAICS
Code 541712; and
■ iii. By adding entries in numerical
order for NAICS Codes 541713 and
541715; and
■ 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:
■
§ 532.313
Private sector industries.
(a) * * *
2017 NAICS industry titles
Aircraft Specialized Industry
*
4921 .......................
541713 ...................
541715 ...................
*
*
*
*
*
*
Couriers and express delivery services.
Research and development in nanotechnology.
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.
jspears on DSK3GMQ082PROD with RULES
*
*
*
*
Electronics Specialized Industry
*
334613 ...................
VerDate Sep<11>2014
*
*
*
Blank magnetic and optical recording media manufacturing.
16:02 Jul 29, 2019
Jkt 247001
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
E:\FR\FM\30JYR1.SGM
30JYR1
36815
Federal Register / Vol. 84, No. 146 / Tuesday, July 30, 2019 / Rules and Regulations
2017 NAICS
codes
2017 NAICS industry titles
*
*
*
*
*
*
*
*
*
*
Guided Missiles Specialized Industry
*
334613 ...................
*
*
*
Blank magnetic and optical recording media manufacturing.
*
541713 ...................
541715 ...................
*
*
*
*
*
*
Research and development in nanotechnology.
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
DEPARTMENT OF LABOR
Office of the Secretary
29 CFR Part 34
RIN 1291–AA39
Rescission of Regulations
Implementing the Nondiscrimination
and Equal Opportunity Provisions of
the Job Training Partnership Act of
1982
Office of the Assistant
Secretary for Administration and
Management, Department of Labor.
ACTION: Direct final rule; confirmation of
effective date.
AGENCY:
The U.S. Department of
Labor, Office of the Assistant Secretary
for Administration and Management
(OASAM) is confirming the effective
date of its direct final rule (DFR)
rescinding its regulations implementing
section 167 of the Job Training
Partnership Act of 1982, as amended
(JTPA). In the DFR published on
September 26, 2018, OASAM stated that
if no significant adverse comments were
submitted by October 26, 2018, then the
rule would become effective on
November 26, 2018. No adverse
comments were received on the rule. So
by this document the agency is
confirming that the DFR is effective as
of November 26, 2018.
DATES: This document confirms that the
effective of the DFR published on
jspears on DSK3GMQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:02 Jul 29, 2019
Jkt 247001
*
September 26, 2018 (83 FR 48542), is
November 26, 2018.
ADDRESSES: Electronic copies of this
Federal Register notice are available at
https://www.regulation.gov.
FOR FURTHER INFORMATION CONTACT:
Naomi Barry-Perez, Director, Civil
Rights Center, U.S. Department of Labor,
200 Constitution Avenue NW, Room N–
4123, Washington, DC 20210, telephone
(202) 693–6500 (VOICE) or (800) 877–
8339 (Federal Relay Service—for TTY),
or by email at CRC-WIOA@dol.gov.
SUPPLEMENTARY INFORMATION: On
September 26, 2018, OASAM
simultaneously published in the
Federal Register a notice of proposed
rulemaking (83 FR 48576) and a DFR (83
FR 48542) to rescind its regulations
implementing Section 167 of the JTPA.
Section 167 contained the
nondiscrimination and equalopportunity provisions of the JTPA. In
1998, Congress passed the Workforce
Investment Act (WIA), which repealed
the JTPA and required the Secretary of
Labor to transition any authority under
the JTPA to the system that WIA
created. WIA, in turn, was subsequently
altered by the Workforce Innovation and
Opportunity Act (WIOA). The JTPA’s
nondiscrimination and equal
opportunity requirements were
superseded by similar provisions in
WIA, and more recently, WIOA. The
current WIOA regulations governing
nondiscrimination and equal
opportunity are at 29 CFR part 38. In
sum, the rule removes regulations for an
inoperative program, but has no impact
on existing non-discrimination rules.
OASAM explained that if no
significant adverse comments were
received during the comment period,
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
then the DFR would become effective
and OASAM would withdraw the
proposed rule. The comment period for
the proposed rule and the DFR ended on
October 26, 2018. No adverse comments
were received on either rule. By this
document, OASAM is confirming that
the DFR is effective as of November 26,
2018. As such, the proposed rule is
unnecessary and OASAM is
withdrawing it in another publication.
Signed at Washington, DC, on July 19,
2019.
Bryan Slater,
Assistant Secretary, Office of the Assistant
Secretary for Administration and
Management, Department of Labor.
[FR Doc. 2019–16073 Filed 7–29–19; 8:45 am]
BILLING CODE 4510–FR–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0653]
RIN 1625–AA00
Safety Zone; Bahia De San Juan, San
Juan, PR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within Bajo San
Agustin of San Juan Harbor. The safety
zone is needed to protect personnel,
vessels, and the marine environment
from potential hazards created by an
anticipated increase in vessel traffic due
SUMMARY:
E:\FR\FM\30JYR1.SGM
30JYR1
Agencies
[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
________________________________________________________________________
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.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
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