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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 COVID19
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 Committees 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 FPRACs 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.
553bB 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 COVID19 emergency. OPM will promulgate a final rule as soon as practical after receiving public comments on the interim final rule.

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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
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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
1919COMB 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 532PREVAILING 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 532PREVAILING 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
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