Prevailing Rate Systems; North American Industry Classification System Based Federal Wage System Wage Surveys, 36813-36815 [2019-16129]

Download as PDF 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 http://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