81 FR 15131 - Agency Information Collection Activities; Comment Request; Proposed Extension of the Labor Standards for Federal Service Contracts-Regulations Information Collection
DEPARTMENT OF LABOR
Wage and Hour Division Federal Register Volume 81, Issue 54 (March 21, 2016)
Wage and Hour Division
Federal Register Volume 81, Issue 54 (March 21, 2016)
| Page Range | 15131-15133 | |
| FR Document | 2016-06308 |
[Federal Register Volume 81, Number 54 (Monday, March 21, 2016)] [Notices] [Pages 15131-15133] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06308] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Wage and Hour Division Agency Information Collection Activities; Comment Request; Proposed Extension of the Labor Standards for Federal Service Contracts-Regulations Information Collection AGENCY: Wage and Hour Division, Department of Labor. 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 (PRA95). 44 U.S.C. 3056(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 Wage and Hour Division is soliciting comments concerning its proposal to extend Office of Management and Budget (OMB) approval of the Information Collection: Labor Standards for Federal Service Contracts--Regulations 29 CFR, Part 4. A copy of the proposed information request can be [[Page 15132]] obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice. DATES: Written comments must be submitted to the office listed in the ADDRESSES section below on or before May 20, 2016. ADDRESSES: You may submit comments identified by Control Number 1235- 0007, by either one of the following methods: Email: [email protected]; Mail, Hand Delivery, Courier: Division of Regulations, Legislation, and Interpretation, Wage and Hour, U.S. Department of Labor, Room S-3502, 200 Constitution Avenue NW., Washington, DC 20210. Instructions: Please submit one copy of your comments by only one method. All submissions received must include the agency name and Control Number identified above for this information collection. Because we continue to experience delays in receiving mail in the Washington, DC area, commenters are strongly encouraged to transmit their comments electronically via email or to submit them by mail early. Comments, including any personal information provided, become a matter of public record. They will also be summarized and/or included in the request for OMB approval of the information collection request. FOR FURTHER INFORMATION CONTACT: Bob Waterman, Senior Compliance Specialist, Division of Regulations, Legislation, and Interpretation, Wage and Hour, U.S. Department of Labor, Room S-3502, 200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-0406 (this is not a toll-free number). Copies of this notice may be obtained in alternative formats (Large Print, Braille, Audio Tape, or Disc), upon request, by calling (202) 693-0023 (not a toll-free number). TTY/TTD callers may dial toll-free (877) 889-5627 to obtain information or request materials in alternative formats. SUPPLEMENTARY INFORMATION: I. Background: The Wage and Hour Division of the U.S. Department of Labor administers the McNamara-O'Hara Service Contract Act (SCA), 41 U.S.C. 351 et seq. The McNamara-O'Hara Service Contract Act (SCA) applies to every contract entered into by the United States or the District of Columbia, the principal purpose of which is to furnish services to the United States through the use of service employees. The SCA requires contractors and subcontractors performing services on covered federal or District of Columbia contracts in excess of $2,500 to pay service employees in various classes no less than the monetary wage rates and to furnish fringe benefits found prevailing in the locality, or the rates (including prospective increases) contained in a predecessor contractor's collective bargaining agreement. Safety and health standards also apply to such contracts. The compensation requirements of the SCA are enforced by the Wage and Hour Division. A. Vacation Benefit Seniority List Service Contract Act section 2(a), provides that every contract subject to the Act must contain a provision specifying the minimum monetary wages and fringe benefits to be paid to the various classes of service employees performing work on the contract. Many wage determinations (WDs) issued for recurring services performed at the same Federal facility provide for certain vested fringe benefits (e.g., vacations), which are based on the employee's total length of service with a contractor or any predecessor contractor. See 29 CFR. 4.162. When found to prevail, such fringe benefits are incorporated in WDs and are usually stated as ``one week paid vacation after one year's service with a contractor or successor, two weeks after two years'', etc. These provisions ensure that employees receive the vacation benefit payments that they have earned and accrued by requiring that such payments be made by successor contractors who hire the same employees who have worked over the years at the same facility in the same locality for predecessor contractors. B. Conformance Record Section 2(a) of the SCA provides that every contract subject to the Act must contain a provision specifying the minimum monetary wage and fringe benefits to be paid the various classes of service employees employed on the contract work. See 41 U.S.C. 351, et seq. Problems sometimes arise (1) when employees are working on service contracts in job classifications that DOL was not previously informed about and (2) when there are job classifications for which no wage data are available. Section 4.6(b)(2) of 29 CFR part 4 provides a process for ``conforming'' (i.e., adding) classifications and wage rates to the WD for classes of service employees not previously listed on a WD but where employees are actually working on an SCA covered contract. This process ensures that the requirements of section 2(a) of the Act are fulfilled and that a formal record exists as part of the contract which documents the wage rate and fringe benefits to be paid for a conformed classification while a service employee(s) is employed on the contract. The contracting officer is required to review each contractor- proposed conformance to determine if the unlisted classes have been properly classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications (and wages) listed in the WD. See 29 CFR 4.6(b)(2). Moreover, the contracting agency is required to forward the conformance action to the Wage and Hour Division for review and approval. Id. However, in any case where a contract succeeds a contract under which a class was previously conformed, the contractor may use an optional procedure known as the indexing (i.e., adjusting) procedure to determine a new wage rate for a previously conformed class. See 29 CFR 4.6(b)(2)(iv)(B). This procedure does not require DOL approval but does require the contractor to notify the contracting agency in writing that a previously conformed class has been indexed and include information describing how the new rate was computed. Id. C. Submission of Collective Bargaining Agreement (CBA) Sections 2(a) and 4(c) of the SCA provide that any contractor which succeeds to a contract subject to the Act and under which substantially the same services are furnished, shall pay any service workers employed on the contract no less than the wages and fringe benefits to which such workers would have been entitled if employed under the predecessor contract. See 29 CFR 4.163(a). Section 4.6(l)(1) of Regulations, 29 CFR part 4, requires an incumbent (predecessor) contractor to provide to the contracting officer a copy of any CBA governing the wages and fringe benefits paid service employees performing work on the contract during the contract period. These CBAs are submitted by the contracting agency to the Wage and Hour Division of the Department of Labor where they are used in issuing WDs for successor contracts subject to section 2(a) and 4(c) of SCA. See 29 CFR 4.4(c). The Wage and Hour Division uses this information to determine whether covered employers have complied with various legal requirements of the laws administered by the Wage and Hour Division. The Wage and Hour Division seeks approval to renew this information collection related to the Labor Standards for Federal Service Contracts. [[Page 15133]] II. Review Focus: The Department of Labor 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; Enhance the quality, utility, and clarity of the information to be collected; 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; 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 technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. III. Current Actions: The Department of Labor seeks an approval for the extension of this information collection that requires employers to make, maintain, and preserve records in accordance with statutory and regulatory requirements. Type of Review: Extension. Agency: Wage and Hour Division. Title: Labor Standards for Federal Service Contracts--Regulations 29 CFR, Part 4. OMB Number: 1235-0007. Affected Public: Business or other for-profit, Not-for-profit institutions, Farms. Total Estimated Respondents: 76,027. Total Estimated Annual Responses: 76,027. Estimated Total Burden Hours: 76,213. Estimated Time per Response: Vacation Benefit Seniority List--1 hour, Conformance Record--30 minutes, Collective Bargaining Agreement-- 5 minutes. Frequency: On occasion. Total Burden Cost (capital/startup): $0. Total Burden Costs (operation/maintenance): $0. Dated: March 14, 2016. Mary Ziegler, Assistant Administrator for Policy [FR Doc. 2016-06308 Filed 3-18-16; 8:45 am] BILLING CODE 4510-27-P
![Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Notices 15131
comply with the Standard to persons Number of Respondents: Initial www.regulations.gov Web site to submit
responsible for compiling process safety 11,114; Recurring: 11,114. comments and access the docket is
information. Frequency of Response: On Occasion: available at the Web site’s ‘‘User Tips’’
Annually. link. Contact the OSHA Docket Office
II. Special Issues for Comment Total Responses: Initial 833,007; for information about materials not
OSHA has a particular interest in Recurring 832,608. available from the Web site, and for
comments on the following issues: Average Time per Response: Time assistance in using the Internet to locate
• Whether the proposed collection of varies per response from three minutes docket submissions.
information requirements are necessary (.05 hour) to generate and maintain an
employee training record to 55 hours V. Authority and Signature
for the proper performance of the
Agency’s functions, including whether per process for large establishments to David Michaels, Ph.D., MPH,
the information is useful; develop written management of change Assistant Secretary of Labor for
• The accuracy of OSHA’s estimate of procedures and update process safety Occupational Safety and Health,
the burden (time and costs) of the operating procedures. directed the preparation of this notice.
collection of information requirements, Estimated Total Burden Hours: Initial The authority for this notice is the
including the validity of the 4,082,616; Recurring 6,277,818. Paperwork Reduction Act of 1995 (44
Estimated Cost (Operation and U.S.C. 3506 et seq.) and Secretary of
methodology and assumptions used;
Maintenance (capital)): $0.
• The quality, utility, and clarity of Labor’s Order No. 1–2012 (77 FR 3912).
the information collected; and IV. Public Participation—Submission of Signed at Washington, DC, on March 16,
• Ways to minimize the burden on Comments on This Notice and Internet 2016.
employers who must comply; for Access to Comments and Submissions David Michaels,
example, by using automated or other You may submit comments in Assistant Secretary of Labor for Occupational
technological information collection response to this document as follows: Safety and Health.
and transmission techniques. (1) Electronically at http:// [FR Doc. 2016–06307 Filed 3–18–16; 8:45 am]
III. Proposed Actions www.regulations.gov, which is the BILLING CODE 4510–26–P
Federal eRulemaking Portal; (2) by
OSHA is requesting that OMB facsimile; or (3) by hard copy. All
approve the proposed extension and comments, attachments, and other DEPARTMENT OF LABOR
revision of the collections of material must identify the Agency name
information contained in OSHA’s PSM and the OSHA docket number (OSHA– Wage and Hour Division
Standard. The Agency is requesting a 2012–0039) for this ICR. You may
decrease in burden hours of 547,491 Agency Information Collection
supplement electronic submissions by Activities; Comment Request;
hours, from 4,630,107 to 4,082,616 uploading document files electronically.
burden hours in the initial year. There Proposed Extension of the Labor
If you wish to mail additional materials Standards for Federal Service
is an ‘‘adjustment’’ reduction of 726,317 in reference to an electronic or facsimile
hours as a result of reducing the number Contracts-Regulations Information
submission, you must submit them to Collection
of establishments and processes covered the OSHA Docket Office (see the section
in the existing ICR. This reduction is of this notice titled ADDRESSES). The AGENCY: Wage and Hour Division,
offset by a ‘‘program change’’ increase of additional materials must clearly Department of Labor.
178,826 burden hours. The burden hour identify your electronic comments by ACTION: Notice.
increase mainly results from this ICR your name, date, and the docket number
including additional establishments as a so the Agency can attach them to your SUMMARY: The Department of Labor, as
result of OSHA (1) revising its comments. part of its continuing effort to reduce
interpretation of the Standard’s retail Because of security procedures, the paperwork and respondent burden,
exemption, and (2) revising its use of regular mail may cause a conducts a preclearance consultation
enforcement policy on the minimum significant delay in the receipt of program to provide the general public
concentration of a chemical in a process comments. For information about and Federal agencies with an
needed in order to count that chemical security procedures concerning the opportunity to comment on proposed
toward the threshold quantity levels delivery of materials by hand, express and/or continuing collections of
that trigger coverage under the PSM delivery, messenger, or courier service, information in accordance with the
Standard. please contact the OSHA Docket Office Paperwork Reduction Act of 1995
In subsequent years, OSHA seeks a at (202) 693–2350, (TTY (877) 889– (PRA95). 44 U.S.C. 3056(c)(2)(A). This
2,195,202 burden hours increase from 5627). program helps to ensure that requested
the initial proposed burden hours from Comments and submissions are data can be provided in the desired
4,082,616 to 6,277,818 as a result of posted without change at http:// format, reporting burden (time and
including retail exemption and www.regulations.gov. Therefore, OSHA financial resources) is minimized,
concentration change establishments in cautions commenters about submitting collection instruments are clearly
recurring collections of information personal information such as their understood, and the impact of collection
such as updating and revalidating social security number and date of birth. requirements on respondents can be
process hazard analyses. Although all submissions are listed in properly assessed. Currently, the Wage
Type of Review: Revision of a
mstockstill on DSK4VPTVN1PROD with NOTICES
the http://www.regulations.gov index, and Hour Division is soliciting
currently approved collection. some information (e.g., copyrighted comments concerning its proposal to
Title: Process Safety Management of material) is not publicly available to extend Office of Management and
Highly Hazardous Chemicals (PSM) (29 read or download from this Web site. Budget (OMB) approval of the
CFR 1910.119). All submissions, including copyrighted Information Collection: Labor Standards
OMB Control Number: 1218–0200. material, are available for inspection for Federal Service Contracts—
Affected Public: Businesses or other and copying at the OSHA Docket Office. Regulations 29 CFR, Part 4. A copy of
for-profits. Information on using the http:// the proposed information request can be
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![Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Notices 15133
II. Review Focus: The Department of ACTION: Correction notice. FOR FURTHER INFORMATION CONTACT:
Labor is particularly interested in Gerard Poliquin, Secretary of the Board,
comments which: SUMMARY: On March 17, 2016, the Legal Telephone: 703–518–6304.
• Evaluate whether the proposed Services Corporation (LSC) published a
notice in the Federal Register (81 FR Gerard Poliquin,
collection of information is necessary
for the proper performance of the 14487) titled ‘‘Institutional Secretary of the Board.
functions of the agency, including Advancement Committee Telephonic [FR Doc. 2016–06402 Filed 3–17–16; 4:15 pm]
whether the information will have Meeting on March 22, 2016 at 10:30 BILLING CODE 7535–01–P
practical utility; a.m., EDT.’’ The meeting
• Enhance the quality, utility, and commencement time is incorrect. This
clarity of the information to be document corrects the notice by NUCLEAR REGULATORY
collected; changing the commencement time to COMMISSION
• Evaluate the accuracy of the 10:00 a.m., EDT.’’
agency’s estimate of the burden of the [Docket No. 040–8838; NRC–2014–0097]
CHANGES IN THE MEETING:
proposed collection of information, Commencement time of the meeting is License Amendment Application for
including the validity of the 10:00 a.m., EDT. Source Materials License Jefferson
methodology and assumptions used;
DATES: This correction is effective Proving Ground
• Minimize the burden of the
collection of information on those who March 17, 2016.
AGENCY: Nuclear Regulatory
are to respond, including through the FOR FURTHER INFORMATION CONTACT: Commission.
use of appropriate automated, Katherine Ward, Executive Assistant to
ACTION: License amendment application;
electronic, mechanical, or other the Vice President for Legal Affairs and
withdrawal by applicant.
technological collection techniques or General Counsel, Legal Services
other forms of information technology, Corporation, 3333 K Street NW., SUMMARY: The U.S. Nuclear Regulatory
e.g., permitting electronic submissions Washington, DC 20007; (202) 295–1500; Commission (NRC) is announcing the
of responses. kward@lsc.gov. withdrawal of a license amendment
III. Current Actions: The Department Dated: March 17, 2016. application from the U.S. Department of
of Labor seeks an approval for the Katherine Ward, the Army (the licensee) for its Jefferson
extension of this information collection Executive Assistant to the Vice President for Proving Ground (JPG) site located in
that requires employers to make, Legal Affairs and General Counsel. Madison, Indiana, to decommission the
maintain, and preserve records in [FR Doc. 2016–06394 Filed 3–17–16; 11:15 am] site under restricted release conditions
accordance with statutory and as defined in the NRC’s regulations.
BILLING CODE 7050–01–P
regulatory requirements. DATES: The license amendment
Type of Review: Extension. application was withdrawn by the
Agency: Wage and Hour Division. licensee on November 25, 2015.
Title: Labor Standards for Federal
Service Contracts—Regulations 29 CFR, NATIONAL CREDIT UNION ADDRESSES: Please refer to Docket ID
Part 4. ADMINISTRATION NRC–2014–0097 when contacting the
OMB Number: 1235–0007. NRC about the availability of
Sunshine Act: Notice of Agency information regarding this document.
Affected Public: Business or other for-
Meeting You may obtain publicly-available
profit, Not-for-profit institutions, Farms.
Total Estimated Respondents: 76,027. information related to this document
TIME AND DATE: 10:00 a.m., Thursday, using any of the following methods:
Total Estimated Annual Responses:
March 24, 2016. • Federal Rulemaking Web site: Go to
76,027.
Estimated Total Burden Hours: PLACE: Board Room, 7th Floor, Room http://www.regulations.gov and search
76,213. 7047, 1775 Duke Street (All visitors for Docket ID NRC–2014–0097. Address
Estimated Time per Response: must use Diagonal Road Entrance), questions about NRC dockets to Carol
Vacation Benefit Seniority List—1 hour, Alexandria, VA 22314–3428. Gallagher; telephone: 301–415–3463;
Conformance Record—30 minutes, STATUS: Open. email: Carol.Gallagher@nrc.gov. For
Collective Bargaining Agreement—5 MATTERS TO BE CONSIDERED:
technical questions, contact the
minutes. individual listed in the FOR FURTHER
1. Corporate Stabilization Fund
Frequency: On occasion. INFORMATION CONTACT section of this
Quarterly Report.
Total Burden Cost (capital/startup): document.
2. NCUA’s Rules and Regulations,
$0. • NRC’s Agencywide Documents
Total Burden Costs (operation/ Permissible Investment Activities—
Access and Management System
maintenance): $0. Bank Notes.
(ADAMS): You may obtain publicly-
3. Enterprise Solutions Modernization available documents online in the
Dated: March 14, 2016.
Program. ADAMS Public Documents collection at
Mary Ziegler,
RECESS: 11:00 a.m. http://www.nrc.gov/reading-rm/
Assistant Administrator for Policy
TIME AND DATE: 11:15 a.m., Thursday, adams.html. To begin the search, select
[FR Doc. 2016–06308 Filed 3–18–16; 8:45 am]
March 24, 2016. ‘‘ADAMS Public Documents’’ and then
BILLING CODE 4510–27–P
mstockstill on DSK4VPTVN1PROD with NOTICES
PLACE: Board Room, 7th Floor, Room
select ‘‘Begin Web-based ADAMS
7047, 1775 Duke Street, Alexandria, VA Search.’’ For problems with ADAMS,
22314–3428. please contact the NRC’s Public
LEGAL SERVICES CORPORATION Document Room (PDR) reference staff at
STATUS: Closed. 1–800–397–4209, 301–415–4737, or by
Sunshine Act Meeting; Institutional
MATTERS TO BE CONSIDERED: email to pdr.resource@nrc.gov. The
Advancement Committee; Correction
1. Share Insurance Appeal. Closed ADAMS accession number for each
AGENCY: Legal Services Corporation. pursuant to Exemption (6). document referenced in this document
VerDate Sep<11>2014 17:46 Mar 18, 2016 Jkt 238001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\21MRN1.SGM 21MRN1](https://thefederalregister.org/doc/81_FR_15185/page/3.svg)
Document Created: 2016-03-19 01:00:34
Document Modified: 2016-03-19 01:00:34
| 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 | |
| Contact | Bob Waterman, Senior Compliance Specialist, Division of Regulations, Legislation, and Interpretation, Wage and Hour, U.S. Department of Labor, Room S-3502, 200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-0406 (this is not a toll-free number). Copies of this notice may be obtained in alternative formats (Large Print, Braille, Audio Tape, or Disc), upon request, by calling (202) 693-0023 (not a toll-free number). TTY/TTD callers may dial toll-free (877) 889-5627 to obtain information or request materials in alternative formats. | |
| FR Citation | 81 FR 15131 |
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