Rule2021-22512
Prevailing Rate Systems; Conduct of Local Wage Surveys
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 15, 2021
Effective
October 15, 2021
Issuing agencies
Personnel Management Office
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 197 (Friday, October 15, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 197 (Friday, October 15, 2021)]
[Rules and Regulations]
[Page 57355]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22512]
========================================================================
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. 197 / Friday, October 15, 2021 /
Rules and Regulations
[[Page 57355]]
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 <a href="/cdn-cgi/l/email-protection#700011095d1c151106155d001f1c191309301f001d5e171f06"><span class="__cf_email__" data-cfemail="84f4e5fda9e8e1e5f2e1a9f4ebe8ede7fdc4ebf4e9aae3ebf2">[email protected]</span></a>.
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: <a href="https://www.opm.gov/information-management/privacy-policy/sorn/opm-sorn-central-1-civil-service-retirement-and-insurance-records.pdf">https://www.opm.gov/information-management/privacy-policy/sorn/opm-sorn-central-1-civil-service-retirement-and-insurance-records.pdf</a>.
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.
0
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]
BILLING CODE 6325-39-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 15, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.