Prevailing Rate Systems; Conduct of Local Wage Surveys
| Published date | 15 October 2021 |
| Citation | 86 FR 57355 |
| Record Number | 2021-22512 |
| Section | Rules and Regulations |
| Court | Personnel Management Office |
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.
Rules and Regulations Federal Register
57355
Vol. 86, No. 197
Friday, October 15, 2021
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
: Final rule.
SUMMARY
: On March 1, 2021, the Office
of Personnel Management issued 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. This document
adopts the interim rule as final without
change.
DATES
: Effective October 15, 2021.
FOR FURTHER INFORMATION CONTACT
:
Mark Allen, by telephone at (202) 606–
2858 or by email at pay-leave-policy@
opm.gov.
SUPPLEMENTARY INFORMATION
: On March
1, 2021, OPM issued an interim final
rule (86 FR 11857) 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. The
interim final rule amended sections 5
CFR 532.201, 532.207, 532.235, and
532.247.
The amended regulations will provide
additional options to collect wage data
during full-scale and wage change
surveys, namely, by personal visit,
telephone, mail, or electronic means,
even though the preferred method
continues to be personal visits.
The 30-day comment period ended on
March 31, 2021. OPM received two
comments in support of the collection of
data by alternate means and eight
comments that are beyond the scope of
this 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
is not 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 systems of record notice for
this collection is: https://www.opm.gov/
information-management/privacy-
policy/sorn/opm-sorn-central-1-civil-
service-retirement-and-insurance-
records.pdf.
The survey and its methodology does
not change based on this rule. Therefore
burden and cost estimates remain the
same. While we do not expect the
respondent burden to increase or
decrease through this change in
procedure, in the long term, there may
be some savings on travel costs. OPM
note the 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, the interim rule
published March 1, 2021, at 86 FR
11857, is adopted as final without
change.
[FR Doc. 2021–22512 Filed 10–14–21; 8:45 am]
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