Prevailing Rate Systems; North American Industry Classification System Based Federal Wage System Wage Surveys, 66300-66303 [2023-21069]
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66300
Proposed Rules
Federal Register
Vol. 88, No. 186
Wednesday, September 27, 2023
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 532
[Docket ID: OPM–2023–0028]
RIN 3206–AO64
Prevailing Rate Systems; North
American Industry Classification
System Based Federal Wage System
Wage Surveys
Office of Personnel
Management.
ACTION: Proposed rule.
AGENCY:
The Office of Personnel
Management (OPM) is issuing a
proposed rule to update the 2017 North
American Industry Classification
System (NAICS) codes currently used in
Federal Wage System (FWS) wage
survey industry regulations with the
2022 NAICS revisions published by the
Office of Management and Budget
(OMB).
SUMMARY:
Send comments on or before
October 27, 2023.
ADDRESSES: You may submit comments,
identified by docket number and/or
Regulation Identifier 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.
ddrumheller on DSK120RN23PROD with PROPOSALS1
DATES:
Ana
Paunoiu, by telephone at (202) 606–
2858, or by email at pay-leave-policy@
opm.gov.
SUPPLEMENTARY INFORMATION:
Section 5343 of title 5, U.S. Code,
provides OPM with the authority and
FOR FURTHER INFORMATION CONTACT:
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17:04 Sep 26, 2023
Jkt 259001
responsibility to prescribe practices and
procedures for conducting wage
surveys. Beginning in November 2006,
based on recommendations of the
Federal Prevailing Rate Advisory
Committee (FPRAC), the national labormanagement committee responsible for
advising OPM on matters concerning
the pay of FWS employees, full scale
surveys have been using NAICS codes
as the method of determining if an
industry is appropriate for survey. OMB
updates the NAICS codes every five
years, at which time OPM also updates
the list of NAICS codes covered by OPM
wage survey regulations. On July 30,
2019, OPM issued a final rule (84 FR
36813) to update the 2012 NAICS codes
used in FWS wage survey industry
regulations with the 2017 NAICS
revisions published by OMB. OPM’s
current regulations use 2017 NAICS
codes. OMB has now published the
NAICS revisions for 2022, which result
in certain changes in industry coverage
for FWS wage surveys. This rulemaking
proposes to update OPM’s regulations
with the 2022 NAICS codes revisions.
The following sections of 5 CFR part
532 list the industries included in the
FWS wage surveys by 2017 NAICS
codes:
• Section 532.213—Industries
included in regular appropriated fund
wage surveys.
• Section 532.221—Industries
included in regular nonappropriated
fund surveys.
• Section 532.223—Establishments
included in regular nonappropriated
fund surveys.
• Section 532.267—Special wage
schedules for aircraft, electronic, and
optical instrument overhaul and repair
positions in Puerto Rico.
• Section 532.285—Special wage
schedules for supervisors of negotiated
rate Bureau of Reclamation employees.
• Section 532.313—Private sector
industries.
OPM has reviewed these regulations
in light of OMB’s NAICS revisions for
2022 and is proposing the following
changes:
• Delete NAICS code 515
(Broadcasting (except internet)) from the
list of required NAICS codes in 5 CFR
532.213 and add NAICS code 516
(Broadcasting and content providers);
• Delete NAICS codes 44132 (Tire
dealers), 443 (Electronics and appliance
stores), 44611(Pharmacies and drug
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Fmt 4702
Sfmt 4702
stores), 4471 (Gasoline stations), 44814
(Family clothing stores), 4522
(Department stores), 4523 (All other
general merchandise stores), 45321
(Office supplies and stationery stores)
and 4542 (Vending machine operators)
from the list of required NAICS codes in
5 CFR 532.221 and add NAICS codes
44134 (Tire dealers), 449210
(Electronics and appliance retailers),
45611 (Pharmacies and drug stores),
4571 (Gasoline stations), 45811
(Clothing and clothing accessories
retailers), 4551 (Department stores),
4552 (Warehouse clubs, supercenters,
and other general merchandise
retailers), and 45941 (Office supplies
and stationery retailers);
• Delete NAICS codes 4471 (Gasoline
stations) and 4542 (Vending machine
operators) from the list of required
NAICS codes in 5 CFR 532.223 and add
NAICS code 4571 (Gasoline stations);
• Delete NAICS codes 333316
(Photographic and photocopying
equipment manufacturing) and 334613
(Blank magnetic and optical recording
media manufacturing) from the list of
required NAICS codes in 5 CFR 532.267
and add NAICS codes 333310
(Commercial and service industry
machinery manufacturing) and 334610
(Manufacturing and reproducing
magnetic and optical media);
• Delete NAICS code 515
(Broadcasting (except internet)) from the
list of required NAICS codes in 5 CFR
532.285 and add NAICS code 516
(Broadcasting and content providers);
• Delete NAICS code 441310
(Automotive parts and accessory stores)
from the list of required NAICS codes in
5 CFR 532.287;
• Revise the title of NAICS code 4413
to read ‘‘Automotive parts, accessories,
and tire retailers’’ in the list of required
NAICS codes in the Artillery and
combat vehicles specialized industry in
5 CFR 532.313;
• Delete NAICS codes 44421
(Outdoor power equipment stores), 5173
(Wired and wireless
telecommunications carriers), and
517911 (Telecommunications resellers)
from the list of required NAICS codes in
the Artillery and combat vehicle
specialized industry in 5 CFR 532.313
and add NAICS codes 44423 (Outdoor
power equipment retailers), 5171 (Wired
and wireless telecommunications
carriers (except Satellite)) and 517121
(Telecommunications resellers);
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Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
• Delete NAICS codes 5151 (Radio
and television broadcasting), 5152
(Cable and other subscription
programming), 5173 (Wired and
wireless telecommunications carriers)
and 517911 (Telecommunications
resellers) from the list of required
NAICS codes in the Communications
specialized industry in 5 CFR 532.313
and add NAICS codes 5161 (Radio and
television broadcasting stations), 5162
(Media streaming distribution services,
social networks, and other media
networks and content providers), 5171
(Wired and wireless
telecommunications carriers(except
Satellite)), and 517121
(Telecommunications resellers);
• Delete NAICS codes 333316
(Photographic and photocopying
equipment manufacturing) and 334613
(Blank magnetic and optical recording
media manufacturing) from the list of
required NAICS codes in the Electronics
specialized industry and Guided
missiles specialized industry in 5 CFR
532.313 and add NAICS codes 333310
(Commercial and service industry
machinery manufacturing) and 334610
(Manufacturing and reproducing
magnetic and optical media); and
• Delete NAICS codes 333314
(Optical instrument and lens
manufacturing), 333316 (Photographic
and photocopying equipment
manufacturing) and 334613 (Blank
magnetic and optical recording media
manufacturing) from the list of required
NAICS codes in the Sighting and fire
control equipment specialized industry
in 5 CFR 532.313 and add NAICS codes
333310 (Commercial and service
industry machinery manufacturing) and
334610 (Manufacturing and reproducing
magnetic and optical media).
No other sections are affected by 2022
changes in NAICS codes. OPM is also
proposing to replace the year ‘‘2017’’
with ‘‘2022’’ in the table titles of all
applicable sections.
FPRAC recommended these changes
by consensus at its May 18, 2023,
meeting. The transcript of this meeting
can be found on the Federal Wage
System website, available at https://
www.opm.gov/policy-data-oversight/
pay-leave/pay-systems/federal-wagesystem/#url=FPRAC.
Expected Impact of This Proposed Rule
OPM is issuing this proposed rule so
that its FWS wage survey industry
regulations remain consistent and up-todate with OMB’s NAICS codes. OPM
expects this rulemaking to have no
significant impact on whether
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Jkt 259001
companies are included or excluded
from wage surveys. The expected costs
would be de minimis since the
Department of Defense, the lead agency
responsible for conducting FWS wage
surveys, will only have to make some
minor changes in their computer
systems to follow the updated NAICS
codes. OPM does not anticipate this
rulemaking will have a substantial
impact on the local economies or a large
impact in the local labor markets.
However, OPM is requesting comment
on this proposed rule regarding the
impact. OPM is particularly interested
in receiving comments on its use of
NAICS codes in FWS wage survey
industry regulations. OPM will continue
to study the implications of such
impacts of this or future rules as
needed, as this and future changes in
OMB’s NAICS codes may have higher
impact on wage survey methodology.
Regulatory Review
Executive Orders 13563, 12866, and
14094 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). This rulemaking is not a
‘‘significant regulatory action’’ under
the provisions of Executive Order 12866
and, therefore, was not reviewed by
OMB.
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.
Paperwork Reduction Act
This rulemaking does not impose any
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.
Kayyonne Marston,
Federal Register Liaison.
Accordingly, OPM is proposing to
amend 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.
2. In § 532.213, amend the table in
paragraph (a) by revising the column
headings, removing the entry for NAICS
code 515, and adding in numerical
order an entry for NAICS code 516 to
read as follows.
■
Regulatory Flexibility Act
The Director of OPM certifies that this
rulemaking will not have a significant
economic impact on a substantial
number of small entities because this
rulemaking will affect only Federal
agencies and employees.
§ 532.213 Industries included in regular
appropriated fund wage surveys.
Federalism
OPM examined this rulemaking in
accordance with Executive Order 13132,
Federalism, and determined that it will
not have any negative impact on the
rights, roles and responsibilities of
State, local, or tribal governments.
*
*
516 .............
Civil Justice Reform
This regulation meets the applicable
standard set forth in Executive Order
12988.
Unfunded Mandates Act of 1995
This rulemaking 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
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(a) * * *
2022
NAICS
codes
*
2022 NAICS codes
*
*
*
Broadcasting and content providers.
*
*
*
*
*
*
*
*
*
3. In § 532.221, amend the table in
paragraph (a) by revising the column
headings, removing the entries for
NAICS codes 44132, 443, 44611, 4471,
44814, 4522, 4523, 45321, 4542, and
adding in numerical order entries for
NAICS codes 44134, 449210, 4551,
4552, 45611, 4571, 45811, 45941 to read
as follows:
■
§ 532.221 Industries included in regular
nonappropriated fund surveys.
(a) * * *
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Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Proposed Rules
2022 NAICS codes
2022 NAICS codes
*
44134 .....................
*
Tire dealers.
*
449210 ...................
4551 .......................
4552 .......................
45611 .....................
4571 .......................
45811 .....................
45941 .....................
*
*
*
*
Electronics and appliance retailers.
Department stores.
Warehouse clubs, supercenters, and other general merchandise retailers.
Pharmacies and drug stores.
Gasoline stations.
Clothing and clothing accessories retailers.
Office supplies and stationery retailers.
*
*
*
*
*
*
*
*
*
*
4. In § 532.223, revise paragraph (a) to
read as follows:
■
§ 532.223 Establishments included in
regular nonappropriated fund surveys.
(a) All establishments having 20 or
more employees in the prescribed
industries within a survey area must be
included in the survey universe.
*
*
Establishments in NAICS codes 4571,
71391, and 71395 must be included in
the survey universe if they have eight or
more employees.
*
*
*
*
*
■ 5. In § 532.267, amend the table in
paragraph (c)(1) by revising the column
headings, removing the entries for
NAICS codes 333316 and 334613, and
adding in numerical order entries for
2022 NAICS codes
333310 ...................
Commercial and service industry machinery manufacturing.
*
334610 ...................
*
*
*
Manufacturing and reproducing magnetic and optical media.
*
*
*
*
*
*
*
6. In § 532.285, amend the table in
paragraph (c)(1) by revising the column
headings, removing the entry for NAICS
code 515, and adding in numerical
■
*
*
§ 532.287
*
*
Broadcasting and content providers.
*
*
*
*
*
§ 532.267 Special wage schedules for
aircraft, electronic, and optical instrument
overhaul and repair positions in Puerto
Rico.
*
*
*
(c) * * *
(1) * * *
*
*
*
*
*
*
*
§ 532.285 Special wage schedules for
supervisors of negotiated rate Bureau of
Reclamation employees.
*
*
(c) * * *
(1) * * *
*
*
[Amended]
7. In § 532.287, amend the table in
paragraph (c)(4) by:
■ a. Removing the column heading
‘‘2017 NAICS codes’’ and adding in its
place ‘‘2022 NAICS codes’’;
■ b. Removing the column heading
‘‘2017 NAICS industry titles’’ and
adding in its place ‘‘2022 NAICS
industry titles’’; and
■ c. Removing the entry for NAICS code
441310.
■ 8. In § 532.313, amend the table in
paragraph (a) by:
17:04 Sep 26, 2023
*
*
*
*
*
*
*
*
a. Revising the column headings;
■ b. Under the heading ‘‘Artillery and
Combat Vehicle Specialized Industry’’:
■ i. Revising the entry for NAICS Code
4413;
■ ii. Removing the entries for NAICS
Codes 44421, 5173, and 517911; and
■ iii. Adding in numerical order entries
for NAICS Codes 44423, 5171, and
517121;
■ c. Under the heading
‘‘Communications Specialized
Industry’’:
■
■
VerDate Sep<11>2014
*
NAICS codes 333310 and 334610 to
read as follows:
*
*
*
*
2022 NAICS industry titles
*
*
*
*
order an entry for NAICS code 516 to
read as read as follows:
2022 NAICS codes
*
516 .........................
*
2022 NAICS codes
*
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i. Removing the entries for NAICS
Codes 5151, 5152, 5173, and 517911;
and
■ ii. Adding in numerical order entries
for NAICS Codes 5161, 5162, 5171, and
517121;
■ d. Under the heading ‘‘Electronics
Specialized Industry’’:
■ i. Removing the entries for NAICS
Codes 333316 and 334613; and
■ ii. Adding in numerical order entries
for NAICS Codes 333310 and 334610
■ e. Under the heading ‘‘Guided
Missiles Specialized Industry’’:
■
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Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Proposed Rules
i. Removing the entries for NAICS
Codes 333316 and 334613; and
■ ii. Adding in numerical order entries
for NAICS Codes 333310 and 334610;
■ f. Under the heading ‘‘Sighting and
Fire Control Equipment Specialized
Industry’’:
■
i. Removing the entries for NAICS
Codes 333314, 333316, and 334613; and
■ ii. Adding in numerical order entries
for NAICS Codes 333310 and 334610.
The revisions and additions read as
follows:
■
2022 NAICS codes
§ 532.313
Private sector industries.
(a) * * *
2022 NAICS industry titles
*
*
*
*
*
*
*
Artillery and Combat Vehicles Specialized Industry
*
4413 .......................
44423 .....................
*
*
*
Automotive parts, accessories, and tire retailers.
Outdoor power equipment retailers.
*
*
*
*
5171 .......................
517121 ...................
*
*
*
Wired and wireless telecommunications carriers (except Satellite).
Telecommunications resellers.
*
*
*
*
*
*
*
*
*
*
Communications Specialized Industry
*
5161 .......................
5162 .......................
5171 .......................
517121 ...................
*
*
*
*
*
Radio and television broadcasting stations.
Media streaming distribution services, social networks, and other media networks and content providers.
Wired and wireless telecommunications carriers (except Satellite).
Telecommunications resellers.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Electronics Specialized Industry
333310 ...................
Commercial and service industry machinery manufacturing.
*
334610 ...................
*
*
*
Manufacturing and reproducing magnetic and optical media.
*
*
*
*
Guided Missiles Specialized Industry
*
333310 ...................
*
*
*
Commercial and service industry machinery manufacturing.
*
*
*
*
334610 ...................
*
*
*
Manufacturing and reproducing magnetic and optical media.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Sighting and Fire Control Equipment Specialized Industry
333310 ...................
Commercial and service industry machinery manufacturing.
*
334610 ...................
*
*
*
Manufacturing and reproducing magnetic and optical media.
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[FR Doc. 2023–21069 Filed 9–26–23; 8:45 am]
BILLING CODE 6325–39–P
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]]>Agencies
[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Proposed Rules]
[Pages 66300-66303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21069]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 /
Proposed Rules
[[Page 66300]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 532
[Docket ID: OPM-2023-0028]
RIN 3206-AO64
Prevailing Rate Systems; North American Industry Classification
System Based Federal Wage System Wage Surveys
AGENCY: Office of Personnel Management.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management (OPM) is issuing a proposed
rule to update the 2017 North American Industry Classification System
(NAICS) codes currently used in Federal Wage System (FWS) wage survey
industry regulations with the 2022 NAICS revisions published by the
Office of Management and Budget (OMB).
DATES: Send comments on or before October 27, 2023.
ADDRESSES: You may submit comments, identified by docket number and/or
Regulation Identifier 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: Ana Paunoiu, by telephone at (202)
606-2858, or by email at [email protected].
SUPPLEMENTARY INFORMATION:
Section 5343 of title 5, U.S. Code, provides OPM with the authority
and responsibility to prescribe practices and procedures for conducting
wage surveys. Beginning in November 2006, based on recommendations of
the Federal Prevailing Rate Advisory Committee (FPRAC), the national
labor-management committee responsible for advising OPM on matters
concerning the pay of FWS employees, full scale surveys have been using
NAICS codes as the method of determining if an industry is appropriate
for survey. OMB updates the NAICS codes every five years, at which time
OPM also updates the list of NAICS codes covered by OPM wage survey
regulations. On July 30, 2019, OPM issued a final rule (84 FR 36813) to
update the 2012 NAICS codes used in FWS wage survey industry
regulations with the 2017 NAICS revisions published by OMB. OPM's
current regulations use 2017 NAICS codes. OMB has now published the
NAICS revisions for 2022, which result in certain changes in industry
coverage for FWS wage surveys. This rulemaking proposes to update OPM's
regulations with the 2022 NAICS codes revisions.
The following sections of 5 CFR part 532 list the industries
included in the FWS wage surveys by 2017 NAICS codes:
Section 532.213--Industries included in regular
appropriated fund wage surveys.
Section 532.221--Industries included in regular
nonappropriated fund surveys.
Section 532.223--Establishments included in regular
nonappropriated fund surveys.
Section 532.267--Special wage schedules for aircraft,
electronic, and optical instrument overhaul and repair positions in
Puerto Rico.
Section 532.285--Special wage schedules for supervisors of
negotiated rate Bureau of Reclamation employees.
Section 532.313--Private sector industries.
OPM has reviewed these regulations in light of OMB's NAICS
revisions for 2022 and is proposing the following changes:
Delete NAICS code 515 (Broadcasting (except internet))
from the list of required NAICS codes in 5 CFR 532.213 and add NAICS
code 516 (Broadcasting and content providers);
Delete NAICS codes 44132 (Tire dealers), 443 (Electronics
and appliance stores), 44611(Pharmacies and drug stores), 4471
(Gasoline stations), 44814 (Family clothing stores), 4522 (Department
stores), 4523 (All other general merchandise stores), 45321 (Office
supplies and stationery stores) and 4542 (Vending machine operators)
from the list of required NAICS codes in 5 CFR 532.221 and add NAICS
codes 44134 (Tire dealers), 449210 (Electronics and appliance
retailers), 45611 (Pharmacies and drug stores), 4571 (Gasoline
stations), 45811 (Clothing and clothing accessories retailers), 4551
(Department stores), 4552 (Warehouse clubs, supercenters, and other
general merchandise retailers), and 45941 (Office supplies and
stationery retailers);
Delete NAICS codes 4471 (Gasoline stations) and 4542
(Vending machine operators) from the list of required NAICS codes in 5
CFR 532.223 and add NAICS code 4571 (Gasoline stations);
Delete NAICS codes 333316 (Photographic and photocopying
equipment manufacturing) and 334613 (Blank magnetic and optical
recording media manufacturing) from the list of required NAICS codes in
5 CFR 532.267 and add NAICS codes 333310 (Commercial and service
industry machinery manufacturing) and 334610 (Manufacturing and
reproducing magnetic and optical media);
Delete NAICS code 515 (Broadcasting (except internet))
from the list of required NAICS codes in 5 CFR 532.285 and add NAICS
code 516 (Broadcasting and content providers);
Delete NAICS code 441310 (Automotive parts and accessory
stores) from the list of required NAICS codes in 5 CFR 532.287;
Revise the title of NAICS code 4413 to read ``Automotive
parts, accessories, and tire retailers'' in the list of required NAICS
codes in the Artillery and combat vehicles specialized industry in 5
CFR 532.313;
Delete NAICS codes 44421 (Outdoor power equipment stores),
5173 (Wired and wireless telecommunications carriers), and 517911
(Telecommunications resellers) from the list of required NAICS codes in
the Artillery and combat vehicle specialized industry in 5 CFR 532.313
and add NAICS codes 44423 (Outdoor power equipment retailers), 5171
(Wired and wireless telecommunications carriers (except Satellite)) and
517121 (Telecommunications resellers);
[[Page 66301]]
Delete NAICS codes 5151 (Radio and television
broadcasting), 5152 (Cable and other subscription programming), 5173
(Wired and wireless telecommunications carriers) and 517911
(Telecommunications resellers) from the list of required NAICS codes in
the Communications specialized industry in 5 CFR 532.313 and add NAICS
codes 5161 (Radio and television broadcasting stations), 5162 (Media
streaming distribution services, social networks, and other media
networks and content providers), 5171 (Wired and wireless
telecommunications carriers(except Satellite)), and 517121
(Telecommunications resellers);
Delete NAICS codes 333316 (Photographic and photocopying
equipment manufacturing) and 334613 (Blank magnetic and optical
recording media manufacturing) from the list of required NAICS codes in
the Electronics specialized industry and Guided missiles specialized
industry in 5 CFR 532.313 and add NAICS codes 333310 (Commercial and
service industry machinery manufacturing) and 334610 (Manufacturing and
reproducing magnetic and optical media); and
Delete NAICS codes 333314 (Optical instrument and lens
manufacturing), 333316 (Photographic and photocopying equipment
manufacturing) and 334613 (Blank magnetic and optical recording media
manufacturing) from the list of required NAICS codes in the Sighting
and fire control equipment specialized industry in 5 CFR 532.313 and
add NAICS codes 333310 (Commercial and service industry machinery
manufacturing) and 334610 (Manufacturing and reproducing magnetic and
optical media).
No other sections are affected by 2022 changes in NAICS codes. OPM
is also proposing to replace the year ``2017'' with ``2022'' in the
table titles of all applicable sections.
FPRAC recommended these changes by consensus at its May 18, 2023,
meeting. The transcript of this meeting can be found on the Federal
Wage System website, available at https://www.opm.gov/policy-data-oversight/pay-leave/pay-systems/federal-wage-system/#url=FPRAC.
Expected Impact of This Proposed Rule
OPM is issuing this proposed rule so that its FWS wage survey
industry regulations remain consistent and up-to-date with OMB's NAICS
codes. OPM expects this rulemaking to have no significant impact on
whether companies are included or excluded from wage surveys. The
expected costs would be de minimis since the Department of Defense, the
lead agency responsible for conducting FWS wage surveys, will only have
to make some minor changes in their computer systems to follow the
updated NAICS codes. OPM does not anticipate this rulemaking will have
a substantial impact on the local economies or a large impact in the
local labor markets. However, OPM is requesting comment on this
proposed rule regarding the impact. OPM is particularly interested in
receiving comments on its use of NAICS codes in FWS wage survey
industry regulations. OPM will continue to study the implications of
such impacts of this or future rules as needed, as this and future
changes in OMB's NAICS codes may have higher impact on wage survey
methodology.
Regulatory Review
Executive Orders 13563, 12866, and 14094 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). This
rulemaking is not a ``significant regulatory action'' under the
provisions of Executive Order 12866 and, therefore, was not reviewed by
OMB.
Regulatory Flexibility Act
The Director of OPM certifies that this rulemaking will not have a
significant economic impact on a substantial number of small entities
because this rulemaking will affect only Federal agencies and
employees.
Federalism
OPM examined this rulemaking in accordance with Executive Order
13132, Federalism, and determined that it 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 rulemaking 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.
Paperwork Reduction Act
This rulemaking does not impose any 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.
Kayyonne Marston,
Federal Register Liaison.
Accordingly, OPM is proposing to amend 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.
0
2. In Sec. 532.213, amend the table in paragraph (a) by revising the
column headings, removing the entry for NAICS code 515, and adding in
numerical order an entry for NAICS code 516 to read as follows.
Sec. 532.213 Industries included in regular appropriated fund wage
surveys.
(a) * * *
------------------------------------------------------------------------
2022 NAICS codes 2022 NAICS codes
------------------------------------------------------------------------
* * * * *
516............................... Broadcasting and content providers.
* * * * *
------------------------------------------------------------------------
* * * * *
0
3. In Sec. 532.221, amend the table in paragraph (a) by revising the
column headings, removing the entries for NAICS codes 44132, 443,
44611, 4471, 44814, 4522, 4523, 45321, 4542, and adding in numerical
order entries for NAICS codes 44134, 449210, 4551, 4552, 45611, 4571,
45811, 45941 to read as follows:
Sec. 532.221 Industries included in regular nonappropriated fund
surveys.
(a) * * *
[[Page 66302]]
------------------------------------------------------------------------
2022 NAICS codes 2022 NAICS codes
------------------------------------------------------------------------
* * * * * * *
44134...................... Tire dealers.
* * * * * * *
449210..................... Electronics and appliance retailers.
4551....................... Department stores.
4552....................... Warehouse clubs, supercenters, and other
general merchandise retailers.
45611...................... Pharmacies and drug stores.
4571....................... Gasoline stations.
45811...................... Clothing and clothing accessories
retailers.
45941...................... Office supplies and stationery retailers.
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
4. In Sec. 532.223, revise paragraph (a) to read as follows:
Sec. 532.223 Establishments included in regular nonappropriated fund
surveys.
(a) All establishments having 20 or more employees in the
prescribed industries within a survey area must be included in the
survey universe. Establishments in NAICS codes 4571, 71391, and 71395
must be included in the survey universe if they have eight or more
employees.
* * * * *
0
5. In Sec. 532.267, amend the table in paragraph (c)(1) by revising
the column headings, removing the entries for NAICS codes 333316 and
334613, and adding in numerical order entries for NAICS codes 333310
and 334610 to read as follows:
Sec. 532.267 Special wage schedules for aircraft, electronic, and
optical instrument overhaul and repair positions in Puerto Rico.
* * * * *
(c) * * *
(1) * * *
------------------------------------------------------------------------
2022 NAICS codes 2022 NAICS codes
------------------------------------------------------------------------
333310..................... Commercial and service industry machinery
manufacturing.
* * * * * * *
334610..................... Manufacturing and reproducing magnetic and
optical media.
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
6. In Sec. 532.285, amend the table in paragraph (c)(1) by revising
the column headings, removing the entry for NAICS code 515, and adding
in numerical order an entry for NAICS code 516 to read as read as
follows:
Sec. 532.285 Special wage schedules for supervisors of negotiated
rate Bureau of Reclamation employees.
* * * * *
(c) * * *
(1) * * *
------------------------------------------------------------------------
2022 NAICS codes 2022 NAICS industry titles
------------------------------------------------------------------------
* * * * * * *
516........................ Broadcasting and content providers.
* * * * * * *
------------------------------------------------------------------------
* * * * *
Sec. 532.287 [Amended]
0
7. In Sec. 532.287, amend the table in paragraph (c)(4) by:
0
a. Removing the column heading ``2017 NAICS codes'' and adding in its
place ``2022 NAICS codes'';
0
b. Removing the column heading ``2017 NAICS industry titles'' and
adding in its place ``2022 NAICS industry titles''; and
0
c. Removing the entry for NAICS code 441310.
0
8. In Sec. 532.313, amend the table in paragraph (a) by:
0
a. Revising the column headings;
0
b. Under the heading ``Artillery and Combat Vehicle Specialized
Industry'':
0
i. Revising the entry for NAICS Code 4413;
0
ii. Removing the entries for NAICS Codes 44421, 5173, and 517911; and
0
iii. Adding in numerical order entries for NAICS Codes 44423, 5171, and
517121;
0
c. Under the heading ``Communications Specialized Industry'':
0
i. Removing the entries for NAICS Codes 5151, 5152, 5173, and 517911;
and
0
ii. Adding in numerical order entries for NAICS Codes 5161, 5162, 5171,
and 517121;
0
d. Under the heading ``Electronics Specialized Industry'':
0
i. Removing the entries for NAICS Codes 333316 and 334613; and
0
ii. Adding in numerical order entries for NAICS Codes 333310 and 334610
0
e. Under the heading ``Guided Missiles Specialized Industry'':
[[Page 66303]]
0
i. Removing the entries for NAICS Codes 333316 and 334613; and
0
ii. Adding in numerical order entries for NAICS Codes 333310 and
334610;
0
f. Under the heading ``Sighting and Fire Control Equipment Specialized
Industry'':
0
i. Removing the entries for NAICS Codes 333314, 333316, and 334613; and
0
ii. Adding in numerical order entries for NAICS Codes 333310 and
334610.
The revisions and additions read as follows:
Sec. 532.313 Private sector industries.
(a) * * *
------------------------------------------------------------------------
2022 NAICS codes 2022 NAICS industry titles
------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
Artillery and Combat Vehicles Specialized Industry
------------------------------------------------------------------------
* * * * * * *
4413....................... Automotive parts, accessories, and tire
retailers.
44423...................... Outdoor power equipment retailers.
* * * * * * *
5171....................... Wired and wireless telecommunications
carriers (except Satellite).
517121..................... Telecommunications resellers.
* * * * * * *
------------------------------------------------------------------------
Communications Specialized Industry
------------------------------------------------------------------------
* * * * * * *
5161....................... Radio and television broadcasting stations.
5162....................... Media streaming distribution services,
social networks, and other media networks
and content providers.
5171....................... Wired and wireless telecommunications
carriers (except Satellite).
517121..................... Telecommunications resellers.
* * * * * * *
------------------------------------------------------------------------
Electronics Specialized Industry
------------------------------------------------------------------------
333310..................... Commercial and service industry machinery
manufacturing.
* * * * * * *
334610..................... Manufacturing and reproducing magnetic and
optical media.
* * * * * * *
------------------------------------------------------------------------
Guided Missiles Specialized Industry
------------------------------------------------------------------------
* * * * * * *
333310..................... Commercial and service industry machinery
manufacturing.
* * * * * * *
334610..................... Manufacturing and reproducing magnetic and
optical media.
* * * * * * *
------------------------------------------------------------------------
Sighting and Fire Control Equipment Specialized Industry
------------------------------------------------------------------------
333310..................... Commercial and service industry machinery
manufacturing.
* * * * * * *
334610..................... Manufacturing and reproducing magnetic and
optical media.
* * * * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-21069 Filed 9-26-23; 8:45 am]
BILLING CODE 6325-39-P
