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

4539 

Vol. 89, No. 16 

Wednesday, January 24, 2024 

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 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/ 

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. 

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 


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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. 

Accordingly, OPM amends 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: 

§ 532.213 Industries included in regular 

appropriated fund wage surveys. 

(a) * * * 

2022 NAICS 

codes 2022 NAICS industry titles 

* * * * * 

516 ............. * Broadcasting and content providers. 

* * * * * 

* * * * * 

■ 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: 

§ 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. 

* * * * * * * 

* * * * * 

■ 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 

■ e. Removing the entry for NAICS code 

334613. 

The revisions and additions read as 

follows: 

§ 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.

* * * * * * * 


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Federal Register / Vol. 89, No. 16 / Wednesday, January 24, 2024 / Rules and Regulations 4541 

* * * * * 

■ 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 

order an entry for NAICS code 516 to 

read as follows: 

§ 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. 

*******

* * * * * 

§ 532.287 [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; 

■ 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 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. 


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4542 Federal Register / Vol. 89, No. 16 / Wednesday, January 24, 2024 / Rules and Regulations 

1The 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. 

2For the relevant CMPs within the Commission’s 

jurisdiction, the Act provides only for maximum 

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. 3Federal Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015, Public Law 114–74, 129 

Stat. 584 (2015) (2015 Act), title VII, Section 701. 4FCPIAA Sections 4 and 5. See also, Adjustment 

of Civil Monetary Penalties for Inflation, 81 FR 

41435 (June 27, 2016). 5FCPIAA 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). 

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 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final rule. 

SUMMARY: 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 

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 

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 


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