Prevailing Rate Systems; North American Industry Classification System Based Federal Wage System Wage Surveys, 4539-4542 [2024-01086]
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4539
Rules and Regulations
Federal Register
Vol. 89, No. 16
Wednesday, January 24, 2024
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
[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: Final rule.
AGENCY:
The Office of Personnel
Management (OPM) is issuing this final
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:
Effective date: This rule is effective
February 23, 2024.
Applicability date: This rule applies
for local wage surveys beginning on or
after May 8, 2024.
FOR FURTHER INFORMATION CONTACT: Ana
Paunoiu, by telephone at (202) 606–
2858, or by email at paypolicy@
opm.gov.
SUPPLEMENTARY INFORMATION: On
September 27, 2023, OPM issued a
proposed rule (88 FR 66300) to update
the 2017 NAICS codes used in FWS
wage survey industry regulations with
the 2022 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 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/
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:06 Jan 23, 2024
Jkt 262001
pay-leave/pay-systems/federal-wagesystem/#url=FPRAC.
The 30-day comment period ended on
October 27, 2023. OPM received one
comment in reference to the impact of
the NAICS revisions on the existing
wage schedules and FWS wage areas.
We note, however, that this final
regulation will have no impact on the
existing wage schedules and FWS wage
areas because there will be no changes
in the types of industrial establishments
already included in FWS wage surveys.
This final rule updates the wage survey
industry regulations by adopting the
2022 NAICS codes published by OMB.
The commenter also stated that no
guidance or criteria for selecting the
NAICS codes were provided. In 1997,
OMB developed NAICS and required its
use for Federal statistical purposes.
NAICS replaced the 1987 Standard
Industrial Classification (SIC) industry
classification system. On June 20, 2006,
OPM published final regulations (71 FR
35373) replacing SIC codes with NAICS
codes, following an FPRAC
recommendation. This recommendation
was based on FPRAC’s Wage Survey
Methodology Work Group (Work Group)
study of the desirability and feasibility
of replacing the SIC codes used in FWS
regulations at the time with NAICS
codes and the effect of this change on
industry coverage for FWS wage
surveys. The Work Group recommended
to FPRAC that OPM replace all SIC
codes in the FWS regulations with the
most closely corresponding NAICS
codes, while making as few changes as
possible in the types of industrial
establishments that were already
included in FWS wage surveys under
the SIC system.
We have not made any changes to the
final regulations based on this comment.
This final regulation is effective
February 23, 2024. However, to provide
the Department of Defense (DOD) with
sufficient time for planning surveys and
implementing changes required by
OMB’s 2022 NAICS revisions, the
regulation is applicable for wage
surveys ordered to begin on or after May
8, 2024.
As OMB continues to update NAICS
codes periodically, OPM will update
these regulations to correspond to the
updated NAICS codes after
consideration of any recommendations
submitted by FPRAC.
PO 00000
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Fmt 4700
Sfmt 4700
Expected Impact of This Rule
OPM is issuing this final rule so that
its FWS wage survey industry
regulations remain consistent and up to
date with OMB’s NAICS codes. OPM
expects this rule to have no significant
impact on whether companies are
included or excluded from wage
surveys. The expected costs would be
de minimis since DOD, 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 rule
will have a substantial impact on the
local economies or a large impact in the
local labor markets. 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
OPM has examined the impact of this
rule as required by Executive Orders
13563, 12866, and 14094, 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). This rule is not considered
a ‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866.
Regulatory Flexibility Act
The Director of OPM certifies that this
rule will not have a significant
economic impact on a substantial
number of small entities because this
rule will affect only Federal agencies
and employees.
Federalism
OPM examined this rule 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 rule will not result in the
expenditure by State, local, and tribal
E:\FR\FM\24JAR1.SGM
24JAR1
4540
Federal Register / Vol. 89, No. 16 / Wednesday, January 24, 2024 / Rules and Regulations
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
Subtitle E of the Small Business
Regulatory Enforcement Fairness Act of
1996 (known as the Congressional
Review Act or CRA) (5 U.S.C. 801 et
seq.) requires most final rules 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 rule before its effective date. The
Office of Information and Regulatory
Affairs in the Office of Management and
Budget has determined that this rule is
not a major rule as defined by the CRA
(5 U.S.C. 804).
Paperwork Reduction Act
This rule 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.
2022 NAICS industry titles
*
516 .............
*
*
*
*
* Broadcasting and content providers.
*
*
*
*
*
*
*
§ 532.213 Industries included in regular
appropriated fund wage surveys.
§ 532.221 Industries included in regular
nonappropriated fund surveys.
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.
■
(a) * * *
(a) * * *
2022 NAICS industry titles
*
*
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:
■ a. Revising the column headings;
■ b. Adding in numerical order an entry
for NAICS code 333310;
■ c. Removing the entry for NAICS code
333316;
■ d. Adding in numerical order an entry
for NAICS code 334610; and
2022 NAICS codes
§ 532.267 Special wage schedules for
aircraft, electronic, and optical instrument
overhaul and repair positions in Puerto
Rico.
*
*
*
(c) * * *
(1) * * *
*
*
2022 NAICS industry titles
*
*
*
Manufacturing and reproducing magnetic and optical media.
*
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*
e. Removing the entry for NAICS code
334613.
The revisions and additions read as
follows:
*
*
334610 ................................................................
17:03 Jan 23, 2024
*
■
Commercial and service industry machinery manufacturing.
VerDate Sep<11>2014
*
*
333310 ................................................................
*
*
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:
Accordingly, OPM amends 5 CFR part
532 as follows:
*
Tire dealers.
*
*
■
*
*
44134 ..................................................................
*
*
3. In § 532.221, amend the table in
paragraph (a) by:
■ a. Revising the column headings;
■ b. Removing the entry for NAICS code
44132;
■ c. Adding in numerical order an entry
for NAICS code 44134;
■ d. Removing the entries for NAICS
codes 443, 44611, 4471, 44814, 4522,
4523, 45321, and 4542; and
■ e. Adding in numerical order entries
for NAICS codes 449210, 4551, 4552,
45611, 4571, 45811, and 45941.
The revisions and additions read as
follows:
2022 NAICS codes
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2022 NAICS
codes
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Federal Register / Vol. 89, No. 16 / Wednesday, January 24, 2024 / Rules and Regulations
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*
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
■
*
2022 NAICS codes
*
*
§ 532.287
*
*
Broadcasting and content providers.
*
*
*
*
*
[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:
■ a. Revising the column headings;
■ b. Under the heading ‘‘Artillery and
Combat Vehicles Specialized Industry’’:
■ i. Revising the entry for NAICS Code
4413;
■ ii. Removing the entry for NAICS
Code 44421;
■ iii. Adding in numerical order entries
for NAICS Codes 44423 and 5171;
*
*
*
*
*
*
*
iv. Removing the entries for NAICS
Codes 5173 and 517911; and
■ v. Adding in numerical order an entry
for NAICS Code 517121;
■ c. Under the heading
‘‘Communications Specialized
Industry’’:
■ i. Removing the entries for NAICS
Codes 5151, 5152, and 5173;
■ ii. Adding in numerical order entries
for NAICS Codes 5161, 5162, and 5171;
■ iii. Removing the entry for NAICS
Code 517911; and
■ iv. Adding in numerical order an
entry for NAICS code 517121;
■ d. Under the heading ‘‘Electronics
Specialized Industry’’:
■ i. Adding in numerical order an entry
for NAICS Code 333310;
■ ii. Removing the entry for NAICS
Code 333316;
■ iii. Adding in numerical order an
entry for NAICS Code 334610; and
■ iv. Removing the entry for NAICS
Code 334613;
2022 NAICS codes
*
*
*
■
■
*
*
(c) * * *
(1) * * *
2022 NAICS industry titles
*
*
516 ......................................................................
*
§ 532.285 Special wage schedules for
supervisors of negotiated rate Bureau of
Reclamation employees.
order an entry for NAICS code 516 to
read as follows:
e. Under the heading ‘‘Guided
Missiles Specialized Industry’’:
■ i. Adding in numerical order an entry
for NAICS Code 333310;
■ ii. Removing the entry for NAICS
Code 333316;
■ iii. Adding in numerical order an
entry for NAICS Code 334610; and
■ iv. Removing the entry for NAICS
Code 334613; and
■ f. Under the heading ‘‘Sighting and
Fire Control Equipment Specialized
Industry’’:
■ i. Adding in numerical order an entry
for NAICS Code 333310;
■ ii. Removing the entries for NAICS
Codes 333314 and 333316;
■ iii. Adding in numerical order an
entry for NAICS Code 334610; and
■ iv. Removing the entry for NAICS
Code 334613.
The revisions and additions read as
follows:
■
§ 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.
*
*
*
*
*
*
*
*
*
*
ddrumheller on DSK120RN23PROD with RULES1
Communications Specialized Industry
*
5161 ...........................
5162 ...........................
5171 ...........................
*
*
*
*
*
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).
*
*
517121 .......................
*
*
Telecommunications resellers.
*
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16:06 Jan 23, 2024
Jkt 262001
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*
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4542
Federal Register / Vol. 89, No. 16 / Wednesday, January 24, 2024 / Rules and Regulations
2022 NAICS codes
2022 NAICS industry titles
*
*
*
*
*
*
*
*
*
*
*
*
*
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. 2024–01086 Filed 1–23–24; 8:45 am]
BILLING CODE 6325–39–P
COMMODITY FUTURES TRADING
COMMISSION
17 CFR Part 143
RIN 3038–AF32
Annual Adjustment of Civil Monetary
Penalties To Reflect Inflation—2024
Commodity Futures Trading
Commission.
ACTION: Final rule.
AGENCY:
The Commodity Futures
Trading Commission (Commission) is
amending its rule that governs the
maximum amount of civil monetary
penalties imposed under the
Commodity Exchange Act (CEA), to
adjust for inflation. This rule sets forth
the maximum, inflation-adjusted dollar
amount for civil monetary penalties
(CMPs) assessable for violations of the
CEA and Commission rules, regulations
and orders thereunder. The rule, as
amended, implements the Federal Civil
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:06 Jan 23, 2024
Jkt 262001
Penalties Inflation Adjustment Act of
1990, as amended.
DATES: This rule is effective on January
24, 2024 and is applicable to penalties
assessed after January 15, 2024.
FOR FURTHER INFORMATION CONTACT:
Edward J. Riccobene, Associate Chief
Counsel, Division of Enforcement, at
(202) 418–5327 or ericcobene@cftc.gov,
Commodity Futures Trading
Commission, 1155 21st Street NW,
Washington, DC 20581.
SUPPLEMENTARY INFORMATION:
I. Background
The Federal Civil Penalties Inflation
Adjustment Act of 1990 (FCPIAA) 1
requires the head of each Federal agency
to periodically adjust for inflation the
minimum and maximum amount of
CMPs provided by law within the
jurisdiction of that agency.2 A 2015
1 The FCPIAA, Public Law 101–410 (1990), as
amended, is codified at 28 U.S.C. 2461 note. The
FCPIAA states that the purpose of the FCPIAA is
to establish a mechanism that shall (1) allow for
regular adjustment for inflation of civil monetary
penalties; (2) maintain the deterrent effect of civil
monetary penalties and promote compliance with
the law; and (3) improve the collection by the
Federal Government of civil monetary penalties.
2 For the relevant CMPs within the Commission’s
jurisdiction, the Act provides only for maximum
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
amendment to the FCPIAA 3 required
agencies to make an initial ‘‘catch-up’’
adjustment to its civil monetary
penalties effective no later than August
1, 2016.4 For every year thereafter
effective not later than January 15th, the
FCPIAA, as amended, requires agencies
to make annual adjustments for
inflation, with guidance from the
Director of the Office of Management
and Budget.5
II. Commodity Exchange Act Civil
Monetary Penalties
The following sections of the CEA
provide for CMPs that meet the FCPIAA
amounts that can be assessed for each violation of
the Act or the rules, regulations and orders
promulgated thereunder; the Act does not set forth
any minimum penalties. Therefore, the remainder
of this release will refer only to CMP maximums.
3 Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015, Public Law 114–74, 129
Stat. 584 (2015) (2015 Act), title VII, Section 701.
4 FCPIAA Sections 4 and 5. See also, Adjustment
of Civil Monetary Penalties for Inflation, 81 FR
41435 (June 27, 2016).
5 FCPIAA Sections 4 and 5. See also, Executive
Office of the President, Office of Management and
Budget Memorandum, M–24–07, Implementation of
Penalty Inflation Adjustments for 2024 (Dec. 19,
2023) (2023 OMB Guidance) (https://
www.whitehouse.gov/wp-content/uploads/2023/12/
M-24-07-Implementation-of-Penalty-InflationAdjustments-for-2024.pdf).
E:\FR\FM\24JAR1.SGM
24JAR1
]]>Agencies
[Federal Register Volume 89, Number 16 (Wednesday, January 24, 2024)]
[Rules and Regulations]
[Pages 4539-4542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01086]
========================================================================
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. 89, No. 16 / Wednesday, January 24, 2024 /
Rules and Regulations
[[Page 4539]]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management (OPM) is issuing this final
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:
Effective date: This rule is effective February 23, 2024.
Applicability date: This rule applies for local wage surveys
beginning on or after May 8, 2024.
FOR FURTHER INFORMATION CONTACT: Ana Paunoiu, by telephone at (202)
606-2858, or by email at [email protected].
SUPPLEMENTARY INFORMATION: On September 27, 2023, OPM issued a proposed
rule (88 FR 66300) to update the 2017 NAICS codes used in FWS wage
survey industry regulations with the 2022 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 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.
The 30-day comment period ended on October 27, 2023. OPM received
one comment in reference to the impact of the NAICS revisions on the
existing wage schedules and FWS wage areas. We note, however, that this
final regulation will have no impact on the existing wage schedules and
FWS wage areas because there will be no changes in the types of
industrial establishments already included in FWS wage surveys. This
final rule updates the wage survey industry regulations by adopting the
2022 NAICS codes published by OMB.
The commenter also stated that no guidance or criteria for
selecting the NAICS codes were provided. In 1997, OMB developed NAICS
and required its use for Federal statistical purposes. NAICS replaced
the 1987 Standard Industrial Classification (SIC) industry
classification system. On June 20, 2006, OPM published final
regulations (71 FR 35373) replacing SIC codes with NAICS codes,
following an FPRAC recommendation. This recommendation was based on
FPRAC's Wage Survey Methodology Work Group (Work Group) study of the
desirability and feasibility of replacing the SIC codes used in FWS
regulations at the time with NAICS codes and the effect of this change
on industry coverage for FWS wage surveys. The Work Group recommended
to FPRAC that OPM replace all SIC codes in the FWS regulations with the
most closely corresponding NAICS codes, while making as few changes as
possible in the types of industrial establishments that were already
included in FWS wage surveys under the SIC system.
We have not made any changes to the final regulations based on this
comment. This final regulation is effective February 23, 2024. However,
to provide the Department of Defense (DOD) with sufficient time for
planning surveys and implementing changes required by OMB's 2022 NAICS
revisions, the regulation is applicable for wage surveys ordered to
begin on or after May 8, 2024.
As OMB continues to update NAICS codes periodically, OPM will
update these regulations to correspond to the updated NAICS codes after
consideration of any recommendations submitted by FPRAC.
Expected Impact of This Rule
OPM is issuing this final rule so that its FWS wage survey industry
regulations remain consistent and up to date with OMB's NAICS codes.
OPM expects this rule to have no significant impact on whether
companies are included or excluded from wage surveys. The expected
costs would be de minimis since DOD, 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 rule will have a substantial impact on the local
economies or a large impact in the local labor markets. 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
OPM has examined the impact of this rule as required by Executive
Orders 13563, 12866, and 14094, 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). This rule
is not considered a ``significant regulatory action'' under section
3(f) of Executive Order 12866.
Regulatory Flexibility Act
The Director of OPM certifies that this rule will not have a
significant economic impact on a substantial number of small entities
because this rule will affect only Federal agencies and employees.
Federalism
OPM examined this rule 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 rule will not result in the expenditure by State, local, and
tribal
[[Page 4540]]
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
Subtitle E of the Small Business Regulatory Enforcement Fairness
Act of 1996 (known as the Congressional Review Act or CRA) (5 U.S.C.
801 et seq.) requires most final rules 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
rule before its effective date. The Office of Information and
Regulatory Affairs in the Office of Management and Budget has
determined that this rule is not a major rule as defined by the CRA (5
U.S.C. 804).
Paperwork Reduction Act
This rule 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 amends 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 industry titles
------------------------------------------------------------------------
* * * * *
516....................................... * Broadcasting and content
providers.
* * * * *
------------------------------------------------------------------------
* * * * *
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3. In Sec. 532.221, amend the table in paragraph (a) by:
0
a. Revising the column headings;
0
b. Removing the entry for NAICS code 44132;
0
c. Adding in numerical order an entry for NAICS code 44134;
0
d. Removing the entries for NAICS codes 443, 44611, 4471, 44814, 4522,
4523, 45321, and 4542; and
0
e. Adding in numerical order entries for NAICS codes 449210, 4551,
4552, 45611, 4571, 45811, and 45941.
The revisions and additions read as follows:
Sec. 532.221 Industries included in regular nonappropriated fund
surveys.
(a) * * *
------------------------------------------------------------------------
2022 NAICS codes 2022 NAICS industry titles
------------------------------------------------------------------------
* * * * * * *
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.
* * * * * * *
------------------------------------------------------------------------
* * * * *
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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.
* * * * *
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5. In Sec. 532.267, amend the table in paragraph (c)(1) by:
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a. Revising the column headings;
0
b. Adding in numerical order an entry for NAICS code 333310;
0
c. Removing the entry for NAICS code 333316;
0
d. Adding in numerical order an entry for NAICS code 334610; and
0
e. Removing the entry for NAICS code 334613.
The revisions and additions 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 industry titles
------------------------------------------------------------------------
333310............................... Commercial and service industry
machinery manufacturing.
* * * * * * *
334610............................... Manufacturing and reproducing
magnetic and optical media.
* * * * * * *
------------------------------------------------------------------------
[[Page 4541]]
* * * * *
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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 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]
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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'';
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b. Removing the column heading ``2017 NAICS industry titles'' and
adding in its place ``2022 NAICS industry titles''; and
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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 Vehicles Specialized
Industry'':
0
i. Revising the entry for NAICS Code 4413;
0
ii. Removing the entry for NAICS Code 44421;
0
iii. Adding in numerical order entries for NAICS Codes 44423 and 5171;
0
iv. Removing the entries for NAICS Codes 5173 and 517911; and
0
v. Adding in numerical order an entry for NAICS Code 517121;
0
c. Under the heading ``Communications Specialized Industry'':
0
i. Removing the entries for NAICS Codes 5151, 5152, and 5173;
0
ii. Adding in numerical order entries for NAICS Codes 5161, 5162, and
5171;
0
iii. Removing the entry for NAICS Code 517911; and
0
iv. Adding in numerical order an entry for NAICS code 517121;
0
d. Under the heading ``Electronics Specialized Industry'':
0
i. Adding in numerical order an entry for NAICS Code 333310;
0
ii. Removing the entry for NAICS Code 333316;
0
iii. Adding in numerical order an entry for NAICS Code 334610; and
0
iv. Removing the entry for NAICS Code 334613;
0
e. Under the heading ``Guided Missiles Specialized Industry'':
0
i. Adding in numerical order an entry for NAICS Code 333310;
0
ii. Removing the entry for NAICS Code 333316;
0
iii. Adding in numerical order an entry for NAICS Code 334610; and
0
iv. Removing the entry for NAICS Code 334613; and
0
f. Under the heading ``Sighting and Fire Control Equipment Specialized
Industry'':
0
i. Adding in numerical order an entry for NAICS Code 333310;
0
ii. Removing the entries for NAICS Codes 333314 and 333316;
0
iii. Adding in numerical order an entry for NAICS Code 334610; and
0
iv. Removing the entry for NAICS Code 334613.
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.
[[Page 4542]]
* * * * * * *
------------------------------------------------------------------------
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. 2024-01086 Filed 1-23-24; 8:45 am]
BILLING CODE 6325-39-P
