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

11857 

Vol. 86, No. 38 

Monday, March 1, 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: 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: http://

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 http://

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 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 

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 

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. 

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 

■ 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 

Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 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. 

■ 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 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: 

* * * * * 

■ 5. Amend § 532.247 by revising 

paragraphs (a) through (c) to read as 

follows: 

§ 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 

§ 532.233(e) of this subpart. 

* * * * * 

[FR Doc. 2021–03958 Filed 2–26–21; 8:45 am] 

BILLING CODE 6325–39–P 

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 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: 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 

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. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

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.