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. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

45853 

Vol. 73, No. 153 

Thursday, August 7, 2008 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 532 

RIN 3206–AL45 

Prevailing Rate Systems; North 

American Industry Classification 

System Based Federal Wage System 

Wage Area 

AGENCY: U.S. Office of Personnel 

Management. 

ACTION: Final rule. 

SUMMARY: The U.S. Office of Personnel 

Management is issuing a final rule to 

update the 2002 North American 

Industry Classification System (NAICS) 

codes currently used in Federal Wage 

System wage survey industry 

regulations with the 2007 NAICS 

revisions published by the Office of 

Management and Budget. 

DATES: Effective date: This rule is 

effective September 8, 2008. 

Applicability date: This rule applies 

for local wage surveys beginning on or 

after November 1, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Madeline Gonzalez, (202) 606–2838; email pay-performance-policy@opm.gov; 

or Fax: (202) 606–4264. 

SUPPLEMENTARY INFORMATION: On 

January 17, 2008, the U.S. Office of 

Personnel Management (OPM) issued a 

proposed rule (73 FR 3220) to update 

the 2002 North American Industry 

Classification System (NAICS) codes 

currently used in Federal Wage System 

wage survey industry regulations with 

the 2007 NAICS revisions published by 

the Office of Management and Budget 

(OMB). These final regulations use 2007 

NAICS codes. As OMB continues to 

update the NAICS periodically, we will 

update these regulations to correspond 

to the updated NAICS codes based on 

advice we receive from the Federal 

Prevailing Rate Advisory Committee. 

The proposed rule had a 30-day 

comment period, during which OPM 

received no comments. However, the 

final rule incorporates three additional 

minor changes that are consistent with 

the intent of the proposed rule. First, 

OMB’s NAICS revisions for 2007 divide 

2002 NAICS 54171, Research and 

development in the physical, 

engineering, and life sciences, into two 

parts—NAICS 541711, Research and 

development in biotechnology, and 

NAICS 541712, Research and 

development in the physical, 

engineering, and life sciences (except 

biotechnology). We are changing NAICS 

54171 to NAICS 541712 in the aircraft 

and guided missiles specialized 

industries in section 532.313 of title 5, 

Code of Federal Regulations, because 

private sector establishments involved 

in DNA research, cloning, and 

nanobiotechnology do not have bluecollar jobs comparable to the aircraft 

and guided missiles industries. Second, 

OMB’s NAICS revisions for 2007 change 

NAICS 5173, Telecommunications 

resellers, to NAICS 517911, 

Telecommunications resellers. We are 

deleting NAICS 5173 from the artillery 

and combat vehicles and 

communications specialized industries 

and adding NAICS 517911 to the 

artillery and combat vehicles industry. 

We are also changing NAICS 5179 in the 

communications specialized industry to 

NAICS 517911 to better match NAICS 

wage industry coverage with actual 

blue-collar jobs in the communications 

industry. Third, OMB’s NAICS revisions 

for 2007 also change NAICS 5175, Cable 

and other program distribution, to 

NAICS 5171. We are deleting NAICS 

5175 from the communications 

industry. The communications industry 

already includes NAICS 5171. We 

inadvertently overlooked these 

industries in the proposed rule. 

This final regulation is effective 30 

days after publication. However, to 

provide the lead agency (the Department 

of Defense) with sufficient time and a 

fixed date for planning surveys and 

implementing changes required by the 

new industry classification system, the 

regulation is applicable for wage 

surveys ordered to begin on or after 

November 1, 2008. 

Regulatory Flexibility Act 

I certify that these regulations will not 

have a significant economic impact on 

a substantial number of small entities 

because they will affect only Federal 

agencies and employees. 

E.O. 12866, Regulatory Review 

The Office of Management and Budget 

has reviewed this final rule in 

accordance with Executive Order 12866. 

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. 

Linda M. Springer, 

Director. 

■ Accordingly, the U.S. Office of 

Personnel Management 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. 

§ 532.213 [Amended] 

■ 2. In § 532.213, amend the table titles 

in both columns by replacing the year 

‘‘2002’’ with ‘‘2007.’’ 

§ 532.221 [Amended] 

■ 3. In § 532.221, amend the table titles 

in both columns by replacing the year 

‘‘2002’’ with ‘‘2007.’’ 

§ 532.267 [Amended] 

■ 4. In § 532.267(c)(1), amend the table 

titles in both columns by replacing the 

year ‘‘2002’’ with ‘‘2007’’ and add 

NAICS code ‘‘334515’’ in the first 

column in numerical order and 

‘‘Instrument manufacturing for 

measuring and testing electricity and 

electrical signals’’ in the second 

column. 

§ 532.285 [Amended] 

■ 5. In § 532.285(c)(1), amend the table 

titles in both columns by replacing the 

year ‘‘2002’’ with ‘‘2007.’’ 

§ 532.313 [Amended] 

■ 6. In § 532.313(a), amend the table as 

follows: 

■ a. Replace the year ‘‘2002’’ with 

‘‘2007’’ in the table titles in both 

columns; 

■ b. Add NAICS code ‘‘334515’’ in the 

first column in numerical order and 


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45854 Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Rules and Regulations 

‘‘Instrument manufacturing for 

measuring and testing electricity and 

electrical signals’’ in the second column 

to the list of required NAICS codes for 

the Electronics Specialized Industry, 

Guided Missiles Specialized Industry, 

and Sighting and Fire Control 

Equipment Specialized Industry; 

■ c. Remove NAICS code ‘‘5173’’ in the 

first column and ‘‘Telecommunications 

resellers’’ in the second column from 

the list of required NAICS codes for the 

Artillery and Combat Vehicles 

Specialized Industry and 

Communications Specialized Industry; 

■ d. Remove NAICS code ‘‘5175’’ in the 

first column and ‘‘Cable and other 

program distribution’’ in the second 

column from the list of required NAICS 

codes for the Communications 

Specialized Industry; 

■ e. Remove NAICS code ‘‘5179’’ in the 

first column and ‘‘Other 

telecommunications’’ in the second 

column from the list of required NAICS 

codes for the Communications 

Specialized Industry; 

■ f. Add NAICS code ‘‘517911’’ in the 

first column in numerical order and 

‘‘Telecommunications resellers’’ in the 

second column to the list of required 

NAICS codes for the Artillery and 

Combat Vehicles Specialized Industry 

and Communications Specialized 

Industry; 

■ g. Replace NAICS code ‘‘54171’’ in the 

first column and ‘‘Research and 

development in the physical, 

engineering, and life sciences’’ in the 

second column with NAICS code 

‘‘541712’’ in the first column and 

‘‘Research and development in the 

physical, engineering, and life sciences 

(except biotechnology)’’ in the second 

column in the list of required NAICS 

codes for Aircraft Specialized Industry 

and Guided Missiles Specialized 

Industry; and 

■ h. Remove NAICS code ‘‘81299’’ in 

the first column and ‘‘All other personal 

services’’ in the second column from the 

list of required NAICS codes for the 

Artillery and Combat Vehicle 

Specialized Industry. 

[FR Doc. E8–18244 Filed 8–6–08; 8:45 am] 

BILLING CODE 6325–39–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Parts 338 and 352 

RIN 3064–AD31 

Fair Housing and Nondiscrimination 

on the Basis of Disability 

AGENCY: Federal Deposit Insurance 

Corporation (FDIC). 

ACTION: Final rule. 

SUMMARY: The FDIC is amending two 

regulations, following a recent review, 

to update FDIC addresses contained in 

the regulations. First, the FDIC is 

updating the division name and address 

information in the Equal Housing 

Lender poster set forth in its fair 

housing regulation. Second, the FDIC is 

updating the address and telephone 

contact information for the FDIC’s 

Office of Diversity and Economic 

Opportunity (ODEO) set forth in its 

regulation on nondiscrimination on the 

basis of disability. 

DATES: Effective August 7, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Michael R. Evans, Fair Lending 

Specialist, Compliance Policy Section, 

Division of Supervision and Consumer 

Protection, (202) 898–6611; or Donna 

Nordenberg, Counsel, Legal Division, 

(202) 898–6595, for the revision to 12 

CFR part 338. Earl F. McJett, 

Information Management Analyst, 

Office of Diversity and Economic 

Opportunity, (703) 562–6098; or 

Michelle Kosse, Counsel, Legal 

Division, (202) 898–3792, for the 

revision to 12 CFR part 352. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Following a recent review of certain 

regulations, the FDIC is amending 

contact information for FDIC offices 

contained in two regulations, parts 338 

and 352. 

Part 338 of the FDIC’s Rules and 

Regulations is the FDIC’s Fair Housing 

Act (FHA) regulation (12 CFR part 338). 

Section 338.4 requires insured state 

nonmember banks that engage in 

extending any loan for the purpose of 

purchasing, constructing, improving, 

repairing, or maintaining a dwelling or 

any loan secured by a dwelling to 

conspicuously display either the Equal 

Housing Lender poster set forth in 

section 338.4(b) or the Equal Housing 

Opportunity poster prescribed by part 

110 of the regulations of the United 

States Department of Housing and 

Urban Development (24 CFR part 110). 

The Equal Housing Lender poster set 

forth in part 338 contains an FDIC 

address for filing complaints of 

discrimination under the FHA and the 

Equal Credit Opportunity Act regarding 

insured state nonmember banks. The 

FDIC previously centralized the 

processing of consumer complaints in 

the FDIC Consumer Response Center 

(CRC) located in Kansas City, Missouri, 

and is updating the poster prescribed in 

part 338 to reflect the name and address 

of the CRC. The FDIC has updated the 

Equal Housing Lender posters made 

available to insured state nonmember 

banks to reflect the address of the CRC. 

Part 352 is the FDIC’s regulation on 

nondiscrimination on the basis of 

disability (12 CFR part 352). Part 352 is 

intended to implement sections 504 and 

508 of the Rehabilitation Act of 1973, as 

amended. Section 504 prohibits 

discrimination on the basis of disability 

in programs and activities conducted by 

a federal executive agency. Section 508 

requires federal agencies to utilize 

electronic and information technology 

that is designed to allow individuals 

with disabilities access that is 

comparable to the access of those who 

are not disabled, unless the agency 

would incur an undue burden. 

Subsections 352.9(b) and 352.10(c) set 

forth contact information for the ODEO 

that is no longer accurate, as ODEO has 

moved to 3501 Fairfax Drive, Arlington, 

VA 22226. The current FDIC telephone 

number is (877) 275–3342 or (703) 562–

2473 (TTY). 

II. Final Rule 

The final rule for part 338 revises the 

Equal Housing Lender poster in § 338.4 

to reflect the name and address of the 

CRC in Kansas City, Missouri and 

replace the former name of an FDIC 

division. The final rule for part 352 

revises the FDIC contact information in 

§§ 352.9(b) and 352.10(c) to reflect the 

current address and telephone number 

of the ODEO. 

The amendments are procedural in 

nature and would update the 

regulations to be consistent with the 

FDIC’s practices and procedures. In 

order to provide a transition period for 

compliance with the amendment to part 

338 only, the FDIC will require insured 

state nonmember banks that display an 

Equal Housing Lender poster to display 

a poster reflecting the name and address 

of the CRC one year from publication of 

this final rule in the Federal Register. 

III. Exemption From Public Notice and 

Comment 

Section 553 of the Administrative 

Procedure Act (APA) (5 U.S.C. 553) sets 

forth requirements for providing the 

general public notice of, and the 

opportunity to comment on, proposed 

agency rules. However, unless notice or 

hearing is required by statute, those 

requirements do not apply: 

(A) To interpretative rules, general 

statements of policy, or rules of agency 

organization, procedure, or practice; or 

(B) when the agency for good cause 

finds (and incorporates the finding and 

a brief statement of reasons therefor in 

the rules issued) that notice and public 

procedure thereon are impracticable, 


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