80 FR 29096 - Information Collection Request; Comment Request
DEPARTMENT OF LABOR
Office of Labor-Management Standards Federal Register Volume 80, Issue 97 (May 20, 2015)
Office of Labor-Management Standards
Federal Register Volume 80, Issue 97 (May 20, 2015)
| Page Range | 29096-29099 | |
| FR Document | 2015-12272 |
[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)] [Notices] [Pages 29096-29099] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12272] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Office of Labor-Management Standards Information Collection Request; Comment Request ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 [[Page 29097]] (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Office of Labor- Management Standards (OLMS) of the Department of Labor (Department) is soliciting comments concerning the proposal to amend the information collection request 1245-0003, as well as the Form LM-2, LM-3, and LM-4 Labor Organization Annual Report instructions to require filers of such reports to submit the reports electronically, as well as modify the hardship exemption process for Form LM-2 filers. A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice. DATES: Written comments must be submitted to the office listed in the addresses section below on or before July 20, 2015. ADDRESSES: Andrew R. Davis, Chief of the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-5609, Washington, DC 20210, [email protected], (202) 693-0123 (this is not a toll-free number), (800) 877-8339 (TTY/TDD). Please use only one method of transmission (mail or submission via www.regulations.gov using RIN: 1245-AA06) to submit comments or to request a copy of this information collection and its supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden. You may also request a copy of this information collection and its supporting documentation by sending an email to [email protected]. SUPPLEMENTARY INFORMATION: I. Background Congress enacted the Labor-Management Reporting and Disclosure Act of 1959, as amended (LMRDA), to provide for the disclosure of information on the financial transactions and administrative practices of labor organizations. The statute also provides, under certain circumstances, for reporting by labor organization officers and employees, employers, labor relations consultants, and surety companies. Section 208 of the LMRDA authorizes the Secretary to issue rules and regulations prescribing the form of the required reports. The reporting provisions were devised to implement a basic tenet of the LMRDA: The guarantee of democratic procedures and safeguards within labor organizations, which are designed to protect the basic rights of union members. Pursuant to section 201 of the LMRDA, the Department established annual financial disclosure reports: the Form LM-2, LM-3, and LM-4. These reports detail the receipts, disbursements, assets, and liabilities of covered labor organizations during their previous fiscal year. The Form LM-2 is the most detailed report, for those labor organizations with $250,000 or more in total annual receipts. The Form LM-3 is available for those labor organizations with fewer than $250,000 in total annual receipts, and the Form LM-4 is available for those labor organizations with fewer than $10,000 in total annual receipts.\1\ --------------------------------------------------------------------------- \1\ Pursuant to LMRDA Titles II and III, the Department also established nine other reporting and disclosure forms: The Form LM-1 Information Report; Form LM-10 Employer Report; Forms LM-15, 15-A, and 16 trusteeship reports; Form LM-20 Agreement and Activities Report; Form LM-21 Receipts and Disbursement Report; Form LM-30 Officer and Employee Report; and Form S-1 Surety Report. --------------------------------------------------------------------------- Section 205 of the LMRDA provides that the reports are public information. Filers submit the reports to the Department's Office of Labor-Management Standards (OLMS), pursuant to the OLMS Information Collection Request (ICR), OMB # 1245-0003 (Form LM-1, LM-2, LM-3, LM-4, Simplified Annual Report, LM-10, LM-15, LM-15A, LM-16, LM-20, LM-21, LM-30, and S-1). Currently, filers can submit the Forms LM-2, LM-3, LM- 4, and LM-30 electronically through the OLMS free and web-based Electronic Forms System (EFS).\2\ EFS does not rely on third-party software or require the purchase of digital signatures; instead, EFS is a secure, web-based system that uses electronic signatures, which the filing organization's two principal officers register for, along with the union, obtaining a personal identification number (PIN) each year. However, only Form LM-2 filers are currently required to use EFS, although the Form LM-2 instructions provide a temporary and continuing hardship exemption process. Form LM-3 and LM-4 filers, as well as Form LM-30 filers, can choose instead to print off the completed form, sign manually, and mail the form to OLMS. --------------------------------------------------------------------------- \2\ In May 2011, EFS first became available for LM-3 and LM-4 filers, and those unions with fiscal years ending after June 30, 2011 began to take advantage of electronic filing. Prior to this implementation of EFS, few Form LM-3 and LM-4 unions utilized EFS, since they would be required to purchase a digital signature. As stated, EFS is free of charge. --------------------------------------------------------------------------- In response to requests from union members, the media, members of Congress, and other interested parties for Internet access to reports filed by unions under the LMRDA, OLMS developed a Web site (http://www.union-reports.dol.gov) where individuals may now view union annual financial reports and conduct data searches, displaying the results in a number of preformatted listings, free of charge. OLMS can instantaneously post reports submitted via EFS. Reports submitted via mail must be scanned and then posted, with certain data manually entered. Authority The legal authority for this notice is set forth in 35 U.S.C. 3506(c)(2), and sections 203 and 208 of the LMRDA, 29 U.S.C. 432, 438. Section 208 of the LMRDA provides that the Secretary of Labor shall have authority to issue, amend, and rescind rules and regulations prescribing the form and publication of reports required to be filed under Title II of the Act and such other reasonable rules and regulations as he may find necessary to prevent the circumvention or evasion of the reporting requirements. 29 U.S.C. 438. The Secretary has delegated his authority under the LMRDA to the Director of the Office of Labor-Management Standards and permits re-delegation of such authority. See Secretary's Order 8-2009, 74 FR 58835 (Nov. 13, 2009). Mandatory Electronic Filing of the Forms LM-3 and LM-4 The Department seeks to amend ICR 1245-0003, as well as the Forms LM-3 and LM-4 instructions, to require mandatory electronic filing of these reports, as well as modify the Form LM-2 hardship exemption process to correspond with that proposed for the Form LM-3 and LM-4 reports, which would only permit temporary hardship exemption submissions, not continuing. The Department believes that reasonable changes must be made to the means by which the forms required under LMRDA Title II are filed. The most efficient way to provide meaningful access to this information by interested members of the public is to require that the reports filed by small and medium-sized labor organizations be filed in electronic form. This change will benefit the filers, union members, and the public, as well as the Department. First, EFS provides significant advantages for filers. Electronic forms [[Page 29098]] can significantly reduce the burden for filing the Forms LM-3 and LM-4, because they pre-populate a significant amount of informational items and are more efficient for reporting entities. Further, EFS provides error-checking functionality, as well as online, context-sensitive help, which improves the completeness of the reporting. Moreover, a filer can easily acquire a PIN and password and submit the report, free of charge, removing the burden of printing, manually reviewing and signing, and then mailing. As detailed in its last ICR renewal for OMB #1245-0003, Form LM-3 filers will experience a reporting burden hour reduction from an estimated 52 hours to 38.74 hours. With the existing, unchanged 64 recordkeeping burden hours, the total hour burden to complete the Form LM-3 is estimated to be 102.74 hours, a reduction from the previous total of 116 hours. The estimated number of respondents per filer is unchanged, as the proposed changes only affect the method of filing, not the universe of filers. Most labor unions have the information technology resources and capacity to file electronically. Indeed, although no specific data exists regarding the extent to which unions have already embraced the technology necessary to provide reports in electronic form, in 2014, approximately 40% of Form LM-3 unions and 37% of Form LM-4 unions filed their reports electronically. In any event, the Department has also proposed a process for a temporary hardship exemption, whereby filers may apply to temporarily submit paper forms, permitting additional time to complete the report electronically. Second, EFS offers numerous benefits for the public. In contrast to the efficiency of e-filing, paper reports must be scanned and processed for data entry before they can be posted online for disclosure, which delays their availability for public review. Mandatory e-filing would therefore result in more immediate availability of the reports on the OLMS public disclosure Web site, and improve the efficiency of OLMS in processing the reports and in reviewing them for reporting compliance. Mandatory e-filing will also improve accessibility to the LM-3 and LM-4 forms for people with disabilities. Under Section 508 of the Rehabilitation Act, federal agencies must ensure that members of the public who are disabled and who are seeking information or services from a Federal agency ``have access to and use of information and data that is comparable to the access to and use of the information and data by such members of the public who are not individuals with disabilities.'' \3\ Mandating electronic filing of the Forms LM-3 and LM-4 will help ensure that people with disabilities have access to those forms. Currently, hardcopy submissions of the Forms LM-3 and LM-4 must be scanned and converted to PDF format for posting on the OLMS public disclosure Web site. The scanned reports, which often contain hand-written entries and signatures, would then have to be further processed in order to be made Section 508 compliant. Considering the thousands of reports that are submitted manually every year, the process to make these reports fully accessible would be extremely time- consuming and resource-intensive. Forms filed electronically will be easier and less costly to convert into a format that is accessible to people with disabilities and will facilitate compliance with Section 508. --------------------------------------------------------------------------- \3\ See 29 U.S.C. 794d(1)(A)(ii). --------------------------------------------------------------------------- Third, mandatory e-filing will save the Department resources. Currently, only the Form LM-2 must be submitted to OLMS electronically, and there has been good compliance with this submission requirement. Requiring Form LM-3 and LM-4 reports to be filed electronically using a web-based system provided by OLMS and making the submitted reports available on the Web site will decrease the number of requests for reports that must be handled manually, freeing OLMS staff for other compliance assistance and enforcement work. Furthermore, electronic filing of Form LM-3 and LM-4 reports will enable OLMS to more efficiently sort, review, and analyze data that can be used more effectively for enforcement and compliance assistance purposes. Overview of Revised Form LM-3 and LM-4 Instructions Section IV (How to File), Form LM-2 and Form LM-3 Section XI (Completing Form LM-2 or LM-3), and Form LM-4 Section IX (Completing Form LM-4): The instructions in these sections will change to implement mandatory electronic filing. Mandatory electronic filing will minimize the burdens for unions that file the Forms LM-3 or LM-4, and increase efficiency for the Department of Labor as it processes the reports and makes the reports available to union members and the public. The web- based software will pre-populate certain data, perform many calculations, and help ensure the accuracy and completeness of the forms. A union will be permitted to file a paper format Form LM-3 or LM-4, however, if it claims a temporary hardship exemption. Such process will enable the filer to submit a paper report by the required due date, with an electronic report submitted within ten business days after their required due date. The hardship exemption procedures are modeled after the existing procedures used by Form LM-2 filers, although the Department proposes just a temporary hardship exemption, not a continuing hardship exemption, as Form LM-2 filers have utilized. The Department notes that the continuing hardship exemption process derives from the Department's initial electronic filing system, which was not web-based and required the purchase of a digital signature. The creation of EFS eliminated the problems and costs associated with the prior system, and the Department therefore does not consider the continuing hardship exemption portion of the process to be necessary. The Department therefore also proposes an amendment to the Form LM-2 instructions, eliminating the continuing portion of the hardship exemption process, leaving just the temporary hardship exemption. The temporary hardship exemption process is explained in the instructions to the forms that accompany this notice. The Department invites comments regarding any alternative procedures that might better address problems associated with mandatory electronic filing of the Forms LM-3 and LM-4. While no other changes to any other forms covered by this ICR are contemplated at this time, the agency seeks comments on any aspect of this information collection. Those comments will be used to revise and extend OMB authorization under the PRA for this information collection. II. Review Focus: The Department is particularly interested in comments which: * Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; * evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; * enhance the quality, utility and clarity of the information to be collected; and * minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other [[Page 29099]] technological collection techniques or other forms of information technology. III. Current Actions The Department seeks to revise this information collection to provide for electronic filing. The information collected by OLMS is used by union members to help self-govern their unions, by workers making decisions regarding their collective bargaining rights, by the general public, and as research material for both outside researchers and within the Department. The information is also used to assist the Department and other government agencies in detecting improper practices on the part of labor organizations, their officers and/or representatives, and is used by Congress in oversight and legislative functions. Burden Statement The Department does not anticipate any changes to its burden estimates, as provided in its most recent extension request for OMB #1245-0003.\4\ The only forms affected by this ICR amendment are the Forms LM-3 and LM-4. Further, none of the proposed changes affect the number of respondents. Rather, they would only affect the burden hours per respondent. Additionally, as stated in Part I, the Department already accounted for burden hour and cost savings, associated with EFS filing, in its last ICR revision, as it calculated the burden hour reduction associated with the 2011 implementation of EFS for Form LM-3 and LM-4 filers. Thus, the Department expects all filers to actualize the burden reductions anticipated in 2013, during the most recent ICR renewal, not just the 40% of Form LM-3 filers and 37% of Form LM-4 filers that currently take advantage of EFS. --------------------------------------------------------------------------- \4\ The Department estimates that Form LM-3 and LM-4 filers will incur a one-time burden of one hour, in order to read the revised instructions and familiarize themselves with EFS. --------------------------------------------------------------------------- The total burden for the Labor Organization and Auxiliary Reports information collection is summarized as follows: Type of Review: Revision. Agency: DOL-OLMS. Title of Collection: Labor Organization and Auxiliary Reports. OMB Control Number: 1245-0003. Affected Public: Private Sector--businesses or other for-profits, farms, and not-for-profit institutions; and Individuals or Households. Total Estimated Number of Responses: 31,501. Total Estimated Annual Burden Hours: 4,582,392. Total Estimated Annual Other Costs Burden: $0. Comments submitted in response to this notice will be summarized and/or included in the request for the Office of Management and Budget (OMB) approval of the information collection request; they will also become a matter of public record. The Department notes that it has a pending rulemaking concerning two of the reports included in the Labor Organization and Auxiliary Reports information collection: The Form LM- 10 Employer Report and the Form LM-20 Agreement and Activities Report filed by labor relations consultants. See 76 FR 37292. The Department received comments on those information collections during the rulemaking, and it will respond to such comments in any final rule issued, as well as in any separate request for amendment to the information collection submitted to OMB in the context of that rulemaking. Dated: May 14, 2015. Andrew R. Davis, Chief of the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor. [FR Doc. 2015-12272 Filed 5-19-15; 8:45 am] BILLING CODE P
![29096 Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices
incorrectly represents that the only prosecutorial, and correctional sectors handling measures, and pay a $142,200
‘‘incident result’’ was that she of the criminal justice community, as civil penalty.
‘‘voluntarily took [a continuing medical well as one individual representing a The publication of this notice opens
education] course on prescribing national security agency; a a period for public comment on the
controlled substances from Vanderbilt representative of the National Crime Consent Decree. Comments should be
University.’’ Gov’t Ex. 2, at 1–2. The Prevention and Privacy Compact addressed to the Assistant Attorney
Respondent’s explanation omits any Council; a representative of federal General, Environment and Natural
reference to the multiple incidents agencies participating in the CJIS Resources Division, and should refer to
where she ‘‘repeatedly’’ prescribed Division Systems; and representatives of United States v. Anaplex Corporation,
controlled substances to ‘‘numerous criminal justice professional D.J. Ref. No. 90–5–1–1–10454. All
patients,’’ that she was assessed a associations (i.e., the American comments must be submitted no later
$2,500.00 civil penalty, or that she Probation and Parole Association; than thirty (30) days after the
received a five-year period of license American Society of Crime Laboratory publication date of this notice.
probation with significant limitations, Directors; International Association of Comments may be submitted either by
and reporting, monitoring, and notice Chiefs of Police; National District email or by mail:
requirements imposed as conditions of Attorneys Association; National
her probation. Gov’t Ex. 9, at 2–6. Even Sheriffs’ Association; Major Cities To submit Send them to:
beyond the issue that the Respondent Chiefs Association; Major County comments:
did not accept responsibility for these Sheriffs’ Association; and a By email ....... pubcomment-ees.enrd@
actions, as discussed, supra, the representative from a national usdoj.gov.
‘‘explanation’’ she included with her professional association representing By mail ......... Assistant Attorney General,
application lacked candor.149 the courts or court administrators U.S. DOJ–ENRD, P.O. Box
Based on the present record, this 7611, Washington, DC
nominated by the Conference of Chief 20044–7611.
applicant simply cannot be entrusted by Justices). The Attorney General has
DEA with a registration, and, for that granted me the authority to appoint all During the public comment period,
reason, it is recommended that her members to the APB.
application be DENIED. the Consent Decree may be examined
The APB functions solely as an and downloaded at this Justice
Dated: June 3, 2014. advisory body in compliance with the Department Web site: http://
John J. Mulrooney, II, provisions of the Federal Advisory www.justice.gov/enrd/consent-decrees.
Chief Administrative Law Judge. Committee Act. The Charter has been We will provide a paper copy of the
[FR Doc. 2015–12135 Filed 5–19–15; 8:45 am] filed in accordance with the provisions Consent Decree upon written request
BILLING CODE 4410–09–P
of the Act. and payment of reproduction costs.
Dated: May 11, 2015. Please mail your request and payment
James B. Comey, to: Consent Decree Library, U.S. DOJ–
DEPARTMENT OF JUSTICE Director. ENRD, P.O. Box 7611, Washington, DC
20044–7611.
Federal Bureau of Investigation [FR Doc. 2015–12200 Filed 5–19–15; 8:45 am]
Please enclose a check or money order
BILLING CODE 4410–02–P
for $13.50 (25 cents per page
Notice of Charter Reestablishment
reproduction cost) payable to the United
In accordance with the provisions of DEPARTMENT OF JUSTICE States Treasury.
the Federal Advisory Committee Act, Henry Friedman,
Title 5, United States Code, Appendix, Notice of Lodging of Proposed Assistant Section Chief, Environmental
and Title 41, Code of Federal Consent Decree Under the Clean Water Enforcement Section, Environment and
Regulations, Section 101–6.1015, with Act and Resource Conservation and Natural Resources Division.
the concurrence of the Attorney Recovery Act [FR Doc. 2015–12115 Filed 5–19–15; 8:45 am]
General, I have determined that the
On May 14, 2015, the Department of BILLING CODE 4410–CW–P
reestablishment of the Criminal Justice
Information Services (CJIS) Advisory Justice lodged a proposed Consent
Policy Board (APB) is in the public Decree with the United States District
interest. In connection with the Court for the Central District of DEPARTMENT OF LABOR
performance of duties imposed upon the California in the lawsuit entitled United
FBI by law, I hereby give notice of the States v. Anaplex Corporation, Civil Office of Labor-Management
reestablishment of the APB Charter. Action No. 2:15–CV–3615. Standards
The APB provides me with general The United States filed this lawsuit Information Collection Request;
policy recommendations with respect to under the Clean Water Act and the Comment Request
the philosophy, concept, and Resource Conservation and Recovery
operational principles of the various Act. The United States’ complaint seeks ACTION: Notice.
criminal justice information systems injunctive relief and civil penalties for
managed by the FBI’s CJIS Division. violations of regulations that govern SUMMARY: The Department of Labor, as
The APB includes representatives discharges of pollutants to a publicly part of its continuing effort to reduce
from local and state criminal justice
mstockstill on DSK4VPTVN1PROD with NOTICES
owned treatment works and the storage, paperwork and respondent burden,
agencies; tribal law enforcement disposal, and management of hazardous conducts a preclearance consultation
representatives; members of the judicial, wastes at Anaplex’s electroplating program to provide the general public
facility in Paramount, California. The and Federal agencies with an
149 See George R. Smith, M.D., 78 FR 44972,
consent decree requires the defendant to opportunity to comment on proposed
44979–80 (2013); Glenn D. Krieger, M.D., 76 FR
20020, 20024 (2011); David A. Hoxie, M.D., 69 FR
undertake a rinsewater use evaluation, and/or continuing collections of
51477, 51479 (2004); Maxicare Pharmacy, 61 FR implement ongoing pollution information in accordance with the
27368, 27369 (1996). monitoring, report on hazardous waste Paperwork Reduction Act of 1995
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(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This the form of the required reports. The filers, can choose instead to print off the
program helps to ensure that requested reporting provisions were devised to completed form, sign manually, and
data can be provided in the desired implement a basic tenet of the LMRDA: mail the form to OLMS.
format, reporting burden (time and The guarantee of democratic procedures In response to requests from union
financial resources) is minimized, and safeguards within labor members, the media, members of
collection instruments are clearly organizations, which are designed to Congress, and other interested parties
understood, and the impact of collection protect the basic rights of union for Internet access to reports filed by
requirements on respondents can be members. unions under the LMRDA, OLMS
properly assessed. Currently, the Office Pursuant to section 201 of the developed a Web site (http://
of Labor-Management Standards LMRDA, the Department established www.union-reports.dol.gov) where
(OLMS) of the Department of Labor annual financial disclosure reports: the individuals may now view union
(Department) is soliciting comments Form LM–2, LM–3, and LM–4. These annual financial reports and conduct
concerning the proposal to amend the reports detail the receipts, data searches, displaying the results in
information collection request 1245– disbursements, assets, and liabilities of a number of preformatted listings, free
0003, as well as the Form LM–2, LM– covered labor organizations during their of charge. OLMS can instantaneously
3, and LM–4 Labor Organization Annual previous fiscal year. The Form LM–2 is post reports submitted via EFS. Reports
Report instructions to require filers of the most detailed report, for those labor submitted via mail must be scanned and
such reports to submit the reports organizations with $250,000 or more in then posted, with certain data manually
electronically, as well as modify the total annual receipts. The Form LM–3 is entered.
hardship exemption process for Form available for those labor organizations
Authority
LM–2 filers. A copy of the proposed with fewer than $250,000 in total
information collection request can be annual receipts, and the Form LM–4 is The legal authority for this notice is
obtained by contacting the office listed available for those labor organizations set forth in 35 U.S.C. 3506(c)(2), and
below in the addresses section of this with fewer than $10,000 in total annual sections 203 and 208 of the LMRDA, 29
Notice. receipts.1 U.S.C. 432, 438. Section 208 of the
Section 205 of the LMRDA provides LMRDA provides that the Secretary of
DATES: Written comments must be that the reports are public information. Labor shall have authority to issue,
submitted to the office listed in the Filers submit the reports to the amend, and rescind rules and
addresses section below on or before Department’s Office of Labor- regulations prescribing the form and
July 20, 2015. Management Standards (OLMS), publication of reports required to be
ADDRESSES: Andrew R. Davis, Chief of pursuant to the OLMS Information filed under Title II of the Act and such
the Division of Interpretations and Collection Request (ICR), OMB # 1245– other reasonable rules and regulations
Standards, Office of Labor-Management 0003 (Form LM–1, LM–2, LM–3, LM–4, as he may find necessary to prevent the
Standards, U.S. Department of Labor, Simplified Annual Report, LM–10, LM– circumvention or evasion of the
200 Constitution Avenue NW., Room N– 15, LM–15A, LM–16, LM–20, LM–21, reporting requirements. 29 U.S.C. 438.
5609, Washington, DC 20210, olms- LM–30, and S–1). Currently, filers can The Secretary has delegated his
public@dol.gov, (202) 693–0123 (this is submit the Forms LM–2, LM–3, LM–4, authority under the LMRDA to the
not a toll-free number), (800) 877–8339 and LM–30 electronically through the Director of the Office of Labor-
(TTY/TDD). OLMS free and web-based Electronic Management Standards and permits re-
Please use only one method of Forms System (EFS).2 EFS does not rely delegation of such authority. See
transmission (mail or submission via on third-party software or require the Secretary’s Order 8–2009, 74 FR 58835
www.regulations.gov using RIN: 1245– purchase of digital signatures; instead, (Nov. 13, 2009).
AA06) to submit comments or to request EFS is a secure, web-based system that
a copy of this information collection Mandatory Electronic Filing of the
uses electronic signatures, which the
and its supporting documentation; Forms LM–3 and LM–4
filing organization’s two principal
including a description of the likely officers register for, along with the The Department seeks to amend ICR
respondents, proposed frequency of union, obtaining a personal 1245–0003, as well as the Forms LM–3
response, and estimated total burden. identification number (PIN) each year. and LM–4 instructions, to require
You may also request a copy of this However, only Form LM–2 filers are mandatory electronic filing of these
information collection and its currently required to use EFS, although reports, as well as modify the Form LM–
supporting documentation by sending the Form LM–2 instructions provide a 2 hardship exemption process to
an email to olms-public@dol.gov. temporary and continuing hardship correspond with that proposed for the
SUPPLEMENTARY INFORMATION: exemption process. Form LM–3 and Form LM–3 and LM–4 reports, which
LM–4 filers, as well as Form LM–30 would only permit temporary hardship
I. Background exemption submissions, not continuing.
Congress enacted the Labor- 1 Pursuant to LMRDA Titles II and III, the The Department believes that reasonable
Management Reporting and Disclosure Department also established nine other reporting changes must be made to the means by
Act of 1959, as amended (LMRDA), to and disclosure forms: The Form LM–1 Information
Report; Form LM–10 Employer Report; Forms LM–
which the forms required under LMRDA
provide for the disclosure of 15, 15–A, and 16 trusteeship reports; Form LM–20 Title II are filed. The most efficient way
information on the financial Agreement and Activities Report; Form LM–21 to provide meaningful access to this
transactions and administrative Receipts and Disbursement Report; Form LM–30 information by interested members of
Officer and Employee Report; and Form S–1 Surety
mstockstill on DSK4VPTVN1PROD with NOTICES
practices of labor organizations. The the public is to require that the reports
Report.
statute also provides, under certain 2 In May 2011, EFS first became available for LM– filed by small and medium-sized labor
circumstances, for reporting by labor 3 and LM–4 filers, and those unions with fiscal organizations be filed in electronic form.
organization officers and employees, years ending after June 30, 2011 began to take This change will benefit the filers,
employers, labor relations consultants, advantage of electronic filing. Prior to this union members, and the public, as well
implementation of EFS, few Form LM–3 and LM–
and surety companies. Section 208 of 4 unions utilized EFS, since they would be required as the Department.
the LMRDA authorizes the Secretary to to purchase a digital signature. As stated, EFS is First, EFS provides significant
issue rules and regulations prescribing free of charge. advantages for filers. Electronic forms
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technological collection techniques or Total Estimated Annual Other Costs Electronically: You may submit
other forms of information technology. Burden: $0. comments and attachments
Comments submitted in response to electronically at http://
III. Current Actions this notice will be summarized and/or www.regulations.gov, which is the
The Department seeks to revise this included in the request for the Office of Federal eRulemaking Portal. Follow the
information collection to provide for Management and Budget (OMB) instructions online for submitting
electronic filing. The information approval of the information collection comments.
collected by OLMS is used by union request; they will also become a matter Facsimile: If your comments,
members to help self-govern their of public record. The Department notes including attachments, are not longer
unions, by workers making decisions that it has a pending rulemaking than 10 pages you may fax them to the
regarding their collective bargaining concerning two of the reports included OSHA Docket Office at (202) 693–1648.
rights, by the general public, and as in the Labor Organization and Auxiliary Mail, hand delivery, express mail,
research material for both outside Reports information collection: The messenger, or courier service: When
researchers and within the Department. Form LM–10 Employer Report and the using this method, you must submit
The information is also used to assist Form LM–20 Agreement and Activities your comments and attachments to the
the Department and other government Report filed by labor relations OSHA Docket Office, Docket No.
agencies in detecting improper practices consultants. See 76 FR 37292. The OSHA–2015–0008, Occupational Safety
on the part of labor organizations, their Department received comments on and Health Administration, U.S.
officers and/or representatives, and is those information collections during the Department of Labor, Room N–2625,
used by Congress in oversight and rulemaking, and it will respond to such 200 Constitution Avenue NW.,
legislative functions. comments in any final rule issued, as Washington, DC 20210. Deliveries
well as in any separate request for (hand, express mail, messenger, and
Burden Statement courier service) are accepted during the
amendment to the information
The Department does not anticipate collection submitted to OMB in the Department of Labor’s and Docket
any changes to its burden estimates, as context of that rulemaking. Office’s normal business hours, 8:15
provided in its most recent extension a.m. to 4:45 p.m., E.T.
Dated: May 14, 2015. Instructions: All submissions must
request for OMB #1245–0003.4 The only
Andrew R. Davis, include the Agency name and the OSHA
forms affected by this ICR amendment
are the Forms LM–3 and LM–4. Further, Chief of the Division of Interpretations and docket number (OSHA–2015–0008) for
Standards, Office of Labor-Management the Information Collection Request
none of the proposed changes affect the
Standards, U.S. Department of Labor. (ICR). All comments, including any
number of respondents. Rather, they
would only affect the burden hours per [FR Doc. 2015–12272 Filed 5–19–15; 8:45 am] personal information you provide, are
respondent. Additionally, as stated in BILLING CODE P placed in the public docket without
Part I, the Department already change, and may be made available
accounted for burden hour and cost online at http://www.regulations.gov.
DEPARTMENT OF LABOR For further information on submitting
savings, associated with EFS filing, in
its last ICR revision, as it calculated the comments see the ‘‘Public
Occupational Safety and Health Participation’’ heading in the section of
burden hour reduction associated with Administration
the 2011 implementation of EFS for this notice titled SUPPLEMENTARY
[Docket No. OSHA–2015–0008] INFORMATION.
Form LM–3 and LM–4 filers. Thus, the
Docket: To read or download
Department expects all filers to
OSHA Training Institute (OTI) comments or other material in the
actualize the burden reductions
Education Center Prerequisite docket, go to http://www.regulations.gov
anticipated in 2013, during the most
Verification Form; Request Office of or the OSHA Docket Office at the
recent ICR renewal, not just the 40% of
Management and Budget’s (OMB) address above. All documents in the
Form LM–3 filers and 37% of Form LM–
Approval of Information Collection docket (including this Federal Register
4 filers that currently take advantage of
(Paperwork) Requirements notice) are listed in the http://
EFS.
www.regulations.gov index; however,
The total burden for the Labor AGENCY: Occupational Safety and Health some information (e.g., copyrighted
Organization and Auxiliary Reports Administration (OSHA), Labor. material) is not publicly available to
information collection is summarized as ACTION: Request for public comments. read or download from the Web site. All
follows: submissions, including copyrighted
Type of Review: Revision. SUMMARY: OSHA solicits public
material, are available for inspection
Agency: DOL–OLMS. comments concerning its proposal for
and copying at the OSHA Docket Office.
Title of Collection: Labor Organization completion of a Prerequisite Verification
You may also contact Theda Kenney at
and Auxiliary Reports. Form for applicants requesting
the address below to obtain a copy of
OMB Control Number: 1245–0003. enrollment in Outreach Training
the ICR.
Affected Public: Private Sector— Program trainer courses to become an
FOR FURTHER INFORMATION CONTACT:
businesses or other for-profits, farms, authorized Outreach Training Program
trainer and the Office of Management Theda Kenney or Todd Owen,
and not-for-profit institutions; and
and Budget’s (OMB) approval of the Directorate of Standards and Guidance,
Individuals or Households.
information collection requirements OSHA, U.S. Department of Labor, Room
Total Estimated Number of
mstockstill on DSK4VPTVN1PROD with NOTICES
specified in the Outreach Training N–3609, 200 Constitution Avenue NW.,
Responses: 31,501.
Program Requirements (dated February Washington, DC 20210; telephone (202)
Total Estimated Annual Burden
2013). 693–2222.
Hours: 4,582,392.
SUPPLEMENTARY INFORMATION:
DATES: Comments must be submitted
4 The Department estimates that Form LM–3 and (postmarked, sent, or received) by July I. Background
LM–4 filers will incur a one-time burden of one
hour, in order to read the revised instructions and 20, 2015. The Department of Labor, as part of its
familiarize themselves with EFS. ADDRESSES: continuing effort to reduce paperwork
VerDate Sep<11>2014 23:50 May 19, 2015 Jkt 235001 PO 00000 Frm 00171 Fmt 4703 Sfmt 4703 E:\FR\FM\20MYN1.SGM 20MYN1](https://thefederalregister.org/doc/80_FR_29193/page/4.svg)
Document Created: 2018-02-21 10:29:27
Document Modified: 2018-02-21 10:29:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Written comments must be submitted to the office listed in the | |
| FR Citation | 80 FR 29096 |
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