Prevailing Rate Systems; Conduct of Local Wage Surveys, 11857-11859 [2021-03958]
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11857
Rules and Regulations
Federal Register
Vol. 86, No. 38
Monday, March 1, 2021
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
RIN 3206–AO15
Prevailing Rate Systems; Conduct of
Local Wage Surveys
Office of Personnel
Management.
ACTION: Interim final rule; request for
comments.
AGENCY:
The Office of Personnel
Management is issuing 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.
DATES: The interim final rule is effective
on March 31, 2021. Comments must be
received on or before March 31, 2021.
ADDRESSES: You may submit comments,
identified by docket number and/or
Regulatory Information Number (RIN)
and title, by the following method:
• Federal Rulemaking Portal: https://
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 https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
SUMMARY:
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Jkt 253001
FOR FURTHER INFORMATION CONTACT:
Mark Allen, by telephone at (202) 606–
2858 or by email at pay-leave-policy@
opm.gov.
SUPPLEMENTARY INFORMATION: The Office
of Personnel Management (OPM)
received a request from the Department
of Defense (DOD) 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. This
interim final rule amends sections 5
CFR 532.201, 532.207, 532.235, and
532.247.
Under sections 5343(a)(2) and (3) of
title 5, United States Code, OPM
designates a lead agency for each wage
area to conduct wage surveys, analyze
wage survey data, and develop and
establish appropriate wage schedules
and rates for prevailing rate employees.
DOD is the designated lead agency for
all FWS wage areas.
Wage surveys are conducted every
year. A full-scale wage survey is
conducted one year, with data collectors
required to make in-person visits to
local private sector employers to collect
wage data. The next year a wage change
survey is conducted, with data
collectors contacting participants from
the prior full-scale wage survey to
collect wage data on previously
collected jobs.
The overall objective of FWS wage
surveys is to obtain the most accurate
information possible to measure
prevailing wage levels in each wage area
and establish wage schedules in
accordance with prevailing rate systems
law. The preferred method for collecting
wage data from private sector
establishments during full-scale wage
surveys is by personal visit to such
establishments. Even though the
preferred method continues to be
personal visits, technological advances
now provide new tools for data
collection that were not available when
the FWS pay system was established.
There are now electronic tools, systems,
devices, and resources that assist in
gathering information in cost effective
and reliable ways. Use of these new
tools would provide DOD staff with
opportunities to innovate and improve
data collection methods.
Labor participation at all levels is a
requirement within the FWS, including
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Frm 00001
Fmt 4700
Sfmt 4700
for the collection and the analysis of the
survey data. In all wage areas, local
labor-management teams participate in
the collection of data from private sector
establishments. This will not change. As
the lead agency for all wage areas, DOD
will continue to work together with
labor organizations during the data
collection process even when in-person
visits cannot be conducted. Labor
participation will be facilitated through
alternative data collection processes to
include telephone, mail, and electronic
means.
The Federal Prevailing Rate Advisory
Committee (FPRAC), the national labormanagement committee responsible for
advising OPM on matters concerning
the pay of FWS employees,
recommended this change by majority
vote.
Waiver of Notice of Proposed Rule
Making
OPM is issuing this rulemaking as an
interim final rule and has determined
that, under the Administrative
Procedure Act (APA), 5 U.S.C.
553(b)(B), it would be impracticable and
contrary to the public interest to delay
a final regulation until a public notice
and comment process has been
completed. OPM also is waiving general
notice of proposed rulemaking under
the Civil Service Reform Act’s parallel
rulemaking provision, 5 U.S.C.
1103(b)(3), because the interim final
rule is temporary in nature and
necessary to be implemented
expeditiously as a result of an
emergency.
The United States is experiencing a
national emergency caused by the
spread of the novel coronavirus SARS–
CoV–2 and the respiratory disease it
causes (COVID–19). OPM has
established in regulation a timetable for
when a local wage survey must begin in
each FWS wage area. Due to this
national emergency, DOD staff
responsible for local wage survey
activities have not been able to travel
and collect local wage survey data. In
addition, many private sector
establishments where DOD wage survey
staff normally collect wage data are not
operating with human resources staff on
site to meet in person. The current
pandemic was not envisioned when the
wage survey timetable was originally
established and OPM does not have the
ability under the law or regulation to
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01MRR1
11858
Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
waive the annual wage survey
requirements.
This regulation will provide new tools
for data collection that will assist DOD
to gather information in cost effective
and reliable ways even during a national
or local emergency. The conclusion of a
public notice and comment period
before the rule is finalized would be
impracticable because it would impede
DOD from obtaining timely and accurate
information to measure prevailing wage
levels and establish wage schedules in
accordance with prevailing rate systems
law in those wage areas where a fullscale wage survey is required.
President Trump declared a national
emergency in response to the COVID–19
public health crisis on March 13, 2020.
In efforts to limit spread of the disease
and to protect employees’ safety, DOD
immediately implemented a travel ban,
which made it impossible for data
collectors to obtain survey data by
personal visits to private sector
establishments. The management
members of FPRAC introduced a
proposal at the Committee’s July 16,
2020, meeting to amend the regulations
in 5 CFR part 532 to allow for the
collection of data by alternate means. A
final recommendation was adopted at
FPRAC’s September 17, 2020, meeting.
Because of the need to issue timely
wage schedules for FWS employees in
accordance with current law and the
regulatory timetable for conducting
local wage surveys, there is insufficient
time for OPM to complete a notice and
comment rulemaking without negatively
impacting the accuracy and timeliness
of local prevailing wage determinations.
The conclusion of a public notice and
comment period before the rule is
finalized would also be contrary to the
public interest because it would result
in wage schedules being based only on
the minimum pay increase applicable
under separate appropriations law and
not on current local wage survey data.
For these reasons, OPM has
determined that the public notice and
participation that the law ordinarily
requires would, in this case, be
impracticable and contrary to the public
interest and that good cause exists to
waive the general notice of proposed
rulemaking pursuant to 5 U.S.C.
553(b)(B) and delay its solicitation of
comments from the public until after it
issues an interim final rule. The interim
final rule is temporary in nature, and
expeditious timing is required because
of the circumstances facing DOD during
the COVID–19 emergency. OPM will
promulgate a final rule as soon as
practical after receiving public
comments on the interim final rule.
VerDate Sep<11>2014
16:15 Feb 26, 2021
Jkt 253001
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 not been designated as 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
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Frm 00002
Fmt 4700
Sfmt 4700
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 wage survey methodology
required of DOD when using these
forms is not being updated. The survey
and burden times associated with this
survey remain the same and, therefore,
the forms do not need to be resubmitted
for OMB review. We do not expect the
respondent burden to increase or
decrease through this change in
procedure. In the long term, DOD may
be able to save on some travel costs but
given that 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.
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.
PART 532—PREVAILING RATE
SYSTEMS
2. Amend § 532.201 by revising the
definitions of ‘‘Full-scale survey’’ and
‘‘Wage change survey ‘‘to read as
follows:
■
§ 532.201
Definitions.
*
*
*
*
*
Full-scale survey means a survey
conducted at least every 2 years in
which data are collected from a current
sampling of establishments in the
private sector by personal visit of data
collectors. With the unanimous consent
of the members of a Local Wage Survey
Committee, data may also be obtained
from a private sector establishment or
establishments during a full-scale wage
survey by telephone, mail, or electronic
means.
*
*
*
*
*
Wage change survey means a survey
in which rate change data are collected
E:\FR\FM\01MRR1.SGM
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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
from the same establishments and for
the same establishment occupations
represented in the full-scale survey.
These data may be collected by
telephone, mail, electronic means, or
personal visit.
■ 3. Amend § 532.207 by revising
paragraphs (a) through (c) to read as
follows:
§ 532.207
Time schedule for wage surveys.
(a) Wage surveys shall be conducted
on a 2-year cycle at annual intervals.
(b) A full-scale survey shall be made
in the first year of the 2-year cycle and
shall include development of a current
sample of establishments and the
collection of wage data by visits to
establishments. With the unanimous
consent of the members of a Local Wage
Survey Committee, data may also be
obtained from a private sector
establishment or establishments during
a full-scale wage survey by telephone,
mail, or electronic means.
(c) A wage-change survey shall be
made every other year using only the
same employers, occupations, survey
jobs, and establishment weights used in
the preceding full-scale survey. Data
may be collected by telephone, mail,
electronic means, or personal contact.
*
*
*
*
*
■ 4. Amend § 532.235 by revising
paragraph (a) and paragraph (b)
introductory text to read as follows:
§ 532.235
survey.
Conduct of full-scale wage
Wage change surveys.
(a) Wage change surveys shall be
conducted in each wage area in years
during which full-scale wage surveys
are not conducted.
(b) Data shall be collected in wage
change surveys only from
establishments which participated in
the preceding full-scale survey.
Information concerning pay adjustments
VerDate Sep<11>2014
16:15 Feb 26, 2021
Jkt 253001
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
The Order is also available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of FAA
Order 7400.11E at NARA, email:
fedreg.legal@nara.gov or go to https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
FOR FURTHER INFORMATION CONTACT:
Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
[FR Doc. 2021–03958 Filed 2–26–21; 8:45 am]
SUPPLEMENTARY INFORMATION:
BILLING CODE 6325–39–P
Authority for This Rulemaking
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2020–0003; Airspace
Docket No. 19–ACE–11]
RIN 2120–AA66
Amendment of VOR Federal Airways
V–12, V–74, and V–516 in the Vicinity
of Anthony, KS
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action amends VHF
Omnidirectional Range (VOR) Federal
airways V–12, V–74, and V–516, in the
vicinity of Anthony, KS. The
modifications are necessary due to the
planned decommissioning of the VOR
portion of the Anthony, KS, VOR/
Tactical Air Navigation (VORTAC)
navigation aid (NAVAID), which
provides navigation guidance for
portions of the affected VOR Federal
airways. The Anthony VOR is being
decommissioned as part of the FAA’s
VOR Minimum Operational Network
(MON) program.
DATES: Effective date 0901 UTC, April
22, 2021. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order 7400.11 and publication of
conforming amendments.
ADDRESSES: FAA Order 7400.11E,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed online at https://
www.faa.gov/air_traffic/publications/.
For further information, you can contact
the Rules and Regulations Group,
Federal Aviation Administration, 800
SUMMARY:
(a) Wage survey data shall not be
collected before the date the survey is
ordered by the lead agency.
(b) Data collection for a full-scale
wage survey shall be accomplished by
personal visit to private sector
establishments. With the unanimous
consent of the members of a Local Wage
Survey Committee, data may also be
obtained from a private sector
establishment or establishments during
a full-scale wage survey by telephone,
mail, or electronic means. The following
required data shall be collected:
*
*
*
*
*
■ 5. Amend § 532.247 by revising
paragraphs (a) through (c) to read as
follows:
§ 532.247
of general application in effect for jobs
matched in each establishment which
participated in the preceding full-scale
survey shall be obtained.
(c) Data may be obtained in wage
change surveys by telephone, mail,
electronic means, or personal visit. The
chairperson of the local wage survey
committee shall determine the manner
in which establishments will be
contacted for collection of data. Data
may be collected by the local wage
survey committee members or by data
collectors appointed and assigned to
two member teams in accordance with
§ 532.233(e) of this subpart.
*
*
*
*
*
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Fmt 4700
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11859
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of the airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it would
modify the route structure as necessary
to preserve the safe and efficient flow of
air traffic within the National Airspace
System.
History
The FAA published a notice of
proposed rulemaking for Docket No.
FAA–2020–0003 in the Federal Register
(85 FR 3290; January 21, 2020),
amending VOR Federal airways V–12,
V–74, and V–516 in the vicinity of
Anthony, KS, due to the planned
decommissioning of the VOR portion of
the Anthony, KS, VORTAC. Interested
parties were invited to participate in
this rulemaking effort by submitting
written comments on the proposal. No
comments were received.
VOR Federal airways are published in
paragraph 6010(a) of FAA Order
7400.11E dated July 21, 2020, and
effective September 15, 2020, which is
incorporated by reference in 14 CFR
71.1. The VOR Federal airways listed in
this document will be subsequently
published in the Order.
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
E:\FR\FM\01MRR1.SGM
01MRR1
Agencies
[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Rules and Regulations]
[Pages 11857-11859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03958]
========================================================================
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. 86, No. 38 / Monday, March 1, 2021 / Rules
and Regulations
[[Page 11857]]
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: Interim final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management is issuing 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.
DATES: The interim final rule is effective on March 31, 2021. Comments
must be received on or before March 31, 2021.
ADDRESSES: You may submit comments, identified by docket number and/or
Regulatory Information Number (RIN) and title, by the following method:
Federal Rulemaking Portal: https://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 https://www.regulations.gov
as they are received without change, including any personal identifiers
or contact information.
FOR FURTHER INFORMATION CONTACT: Mark Allen, by telephone at (202) 606-
2858 or by email at [email protected].
SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM)
received a request from the Department of Defense (DOD) 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. This interim final rule amends sections 5 CFR
532.201, 532.207, 532.235, and 532.247.
Under sections 5343(a)(2) and (3) of title 5, United States Code,
OPM designates a lead agency for each wage area to conduct wage
surveys, analyze wage survey data, and develop and establish
appropriate wage schedules and rates for prevailing rate employees. DOD
is the designated lead agency for all FWS wage areas.
Wage surveys are conducted every year. A full-scale wage survey is
conducted one year, with data collectors required to make in-person
visits to local private sector employers to collect wage data. The next
year a wage change survey is conducted, with data collectors contacting
participants from the prior full-scale wage survey to collect wage data
on previously collected jobs.
The overall objective of FWS wage surveys is to obtain the most
accurate information possible to measure prevailing wage levels in each
wage area and establish wage schedules in accordance with prevailing
rate systems law. The preferred method for collecting wage data from
private sector establishments during full-scale wage surveys is by
personal visit to such establishments. Even though the preferred method
continues to be personal visits, technological advances now provide new
tools for data collection that were not available when the FWS pay
system was established. There are now electronic tools, systems,
devices, and resources that assist in gathering information in cost
effective and reliable ways. Use of these new tools would provide DOD
staff with opportunities to innovate and improve data collection
methods.
Labor participation at all levels is a requirement within the FWS,
including for the collection and the analysis of the survey data. In
all wage areas, local labor-management teams participate in the
collection of data from private sector establishments. This will not
change. As the lead agency for all wage areas, DOD will continue to
work together with labor organizations during the data collection
process even when in-person visits cannot be conducted. Labor
participation will be facilitated through alternative data collection
processes to include telephone, mail, and electronic means.
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 this change by
majority vote.
Waiver of Notice of Proposed Rule Making
OPM is issuing this rulemaking as an interim final rule and has
determined that, under the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(B), it would be impracticable and contrary to the public
interest to delay a final regulation until a public notice and comment
process has been completed. OPM also is waiving general notice of
proposed rulemaking under the Civil Service Reform Act's parallel
rulemaking provision, 5 U.S.C. 1103(b)(3), because the interim final
rule is temporary in nature and necessary to be implemented
expeditiously as a result of an emergency.
The United States is experiencing a national emergency caused by
the spread of the novel coronavirus SARS-CoV-2 and the respiratory
disease it causes (COVID-19). OPM has established in regulation a
timetable for when a local wage survey must begin in each FWS wage
area. Due to this national emergency, DOD staff responsible for local
wage survey activities have not been able to travel and collect local
wage survey data. In addition, many private sector establishments where
DOD wage survey staff normally collect wage data are not operating with
human resources staff on site to meet in person. The current pandemic
was not envisioned when the wage survey timetable was originally
established and OPM does not have the ability under the law or
regulation to
[[Page 11858]]
waive the annual wage survey requirements.
This regulation will provide new tools for data collection that
will assist DOD to gather information in cost effective and reliable
ways even during a national or local emergency. The conclusion of a
public notice and comment period before the rule is finalized would be
impracticable because it would impede DOD from obtaining timely and
accurate information to measure prevailing wage levels and establish
wage schedules in accordance with prevailing rate systems law in those
wage areas where a full-scale wage survey is required.
President Trump declared a national emergency in response to the
COVID-19 public health crisis on March 13, 2020. In efforts to limit
spread of the disease and to protect employees' safety, DOD immediately
implemented a travel ban, which made it impossible for data collectors
to obtain survey data by personal visits to private sector
establishments. The management members of FPRAC introduced a proposal
at the Committee's July 16, 2020, meeting to amend the regulations in 5
CFR part 532 to allow for the collection of data by alternate means. A
final recommendation was adopted at FPRAC's September 17, 2020,
meeting. Because of the need to issue timely wage schedules for FWS
employees in accordance with current law and the regulatory timetable
for conducting local wage surveys, there is insufficient time for OPM
to complete a notice and comment rulemaking without negatively
impacting the accuracy and timeliness of local prevailing wage
determinations. The conclusion of a public notice and comment period
before the rule is finalized would also be contrary to the public
interest because it would result in wage schedules being based only on
the minimum pay increase applicable under separate appropriations law
and not on current local wage survey data.
For these reasons, OPM has determined that the public notice and
participation that the law ordinarily requires would, in this case, be
impracticable and contrary to the public interest and that good cause
exists to waive the general notice of proposed rulemaking pursuant to 5
U.S.C. 553(b)(B) and delay its solicitation of comments from the public
until after it issues an interim final rule. The interim final rule is
temporary in nature, and expeditious timing is required because of the
circumstances facing DOD during the COVID-19 emergency. OPM will
promulgate a final rule as soon as practical after receiving public
comments on the interim final 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 has not been designated as 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 wage survey methodology required of DOD when using these forms
is not being updated. The survey and burden times associated with this
survey remain the same and, therefore, the forms do not need to be
resubmitted for OMB review. We do not expect the respondent burden to
increase or decrease through this change in procedure. In the long
term, DOD may be able to save on some travel costs but given that 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.
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.
PART 532--PREVAILING RATE SYSTEMS
0
2. Amend Sec. 532.201 by revising the definitions of ``Full-scale
survey'' and ``Wage change survey ``to read as follows:
Sec. 532.201 Definitions.
* * * * *
Full-scale survey means a survey conducted at least every 2 years
in which data are collected from a current sampling of establishments
in the private sector by personal visit of data collectors. With the
unanimous consent of the members of a Local Wage Survey Committee, data
may also be obtained from a private sector establishment or
establishments during a full-scale wage survey by telephone, mail, or
electronic means.
* * * * *
Wage change survey means a survey in which rate change data are
collected
[[Page 11859]]
from the same establishments and for the same establishment occupations
represented in the full-scale survey. These data may be collected by
telephone, mail, electronic means, or personal visit.
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3. Amend Sec. 532.207 by revising paragraphs (a) through (c) to read
as follows:
Sec. 532.207 Time schedule for wage surveys.
(a) Wage surveys shall be conducted on a 2-year cycle at annual
intervals.
(b) A full-scale survey shall be made in the first year of the 2-
year cycle and shall include development of a current sample of
establishments and the collection of wage data by visits to
establishments. With the unanimous consent of the members of a Local
Wage Survey Committee, data may also be obtained from a private sector
establishment or establishments during a full-scale wage survey by
telephone, mail, or electronic means.
(c) A wage-change survey shall be made every other year using only
the same employers, occupations, survey jobs, and establishment weights
used in the preceding full-scale survey. Data may be collected by
telephone, mail, electronic means, or personal contact.
* * * * *
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4. Amend Sec. 532.235 by revising paragraph (a) and paragraph (b)
introductory text to read as follows:
Sec. 532.235 Conduct of full-scale wage survey.
(a) Wage survey data shall not be collected before the date the
survey is ordered by the lead agency.
(b) Data collection for a full-scale wage survey shall be
accomplished by personal visit to private sector establishments. With
the unanimous consent of the members of a Local Wage Survey Committee,
data may also be obtained from a private sector establishment or
establishments during a full-scale wage survey by telephone, mail, or
electronic means. The following required data shall be collected:
* * * * *
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5. Amend Sec. 532.247 by revising paragraphs (a) through (c) to read
as follows:
Sec. 532.247 Wage change surveys.
(a) Wage change surveys shall be conducted in each wage area in
years during which full-scale wage surveys are not conducted.
(b) Data shall be collected in wage change surveys only from
establishments which participated in the preceding full-scale survey.
Information concerning pay adjustments of general application in effect
for jobs matched in each establishment which participated in the
preceding full-scale survey shall be obtained.
(c) Data may be obtained in wage change surveys by telephone, mail,
electronic means, or personal visit. The chairperson of the local wage
survey committee shall determine the manner in which establishments
will be contacted for collection of data. Data may be collected by the
local wage survey committee members or by data collectors appointed and
assigned to two member teams in accordance with Sec. 532.233(e) of
this subpart.
* * * * *
[FR Doc. 2021-03958 Filed 2-26-21; 8:45 am]
BILLING CODE 6325-39-P