81 FR 7375 - Extension of Information Collection; Comment Request
DEPARTMENT OF LABOR
Office of Labor-Management Standards Federal Register Volume 81, Issue 28 (February 11, 2016)
Office of Labor-Management Standards
Federal Register Volume 81, Issue 28 (February 11, 2016)
| Page Range | 7375-7376 | |
| FR Document | 2016-02750 |
[Federal Register Volume 81, Number 28 (Thursday, February 11, 2016)] [Notices] [Pages 7375-7376] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-02750] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Office of Labor-Management Standards Extension of Information Collection; 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 (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 proposed extension of the collection of information requirements implementing Executive Order (E.O.) 13496: Notification of Employee Rights Under Federal Labor Laws. 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 April 11, 2016. 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, olms- [[Page 7376]] [email protected], (202) 693-0123 (this is not a toll-free number), (800) 877-8339 (TTY/TDD). Please use only one method of transmission for comments (mail or Email). SUPPLEMENTARY INFORMATION: I. Background: President Barack Obama signed Executive Order 13496 (E.O. 13496) on January 30, 2009, requiring certain Government contractors and subcontractors to post notices informing their employees of their rights as employees under Federal labor laws. The Order also provides the text of contractual provisions that Federal Government contracting departments and agencies must include in every Government contract, except for collective bargaining agreements and contracts for purchases under the Simplified Acquisition Threshold. OLMS administers the enforcement provisions of Executive Order 13496, while the compliance evaluation and investigatory provisions are handled by the Department's Office of Federal Contract Compliance Programs (OFCCP), pursuant to the Order's implementing regulatory provisions (29 CFR part 471). Complaints can be filed with both agencies. 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 technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. III. Current Actions: The Department seeks extension of the current approval to collect this information. An extension is necessary because if this information collection is not conducted, E.O. 13496 could not be enforced through the complaint procedure. E.O. 13496 advances the Administration's goal of promoting economy and efficiency of Federal government procurement by ensuring that workers employed in the private sector as a result of Federal government contracts are informed of their rights to engage in union activity and collective bargaining. Knowledge of such basic statutory rights promotes stable labor-management relations, thus reducing costs to the Federal government. The contractual provisions require contractors and subcontractors to post a notice, created by the Secretary of Labor, informing employees of their rights under the National Labor Relations Act. The notice also provides a statement of the policy of the United States to encourage collective bargaining, as well as a list of activities that are illegal under the Act. The notice concludes with a general description of the remedies to which employees may be entitled if these rights have been violated and contact information for further information about those rights and remedies, as well as enforcement procedures. The clause also requires contractors to include the same clause in their nonexempt subcontracts and purchase orders, and describes generally the sanctions, penalties, and remedies that may be imposed if the contractor fails to satisfy its obligations under the Order and the clause. The regulatory provisions implementing E.O. 13496 (29 CFR part 471) include the language of the required notices, and they explain posting and contractual requirements, the complaint process, the investigatory process, and sanctions, penalties, and remedies that may be imposed if the contractor or subcontractor fails to comply with its obligations under the Order. Specifically, 29 CFR part 471.11(c) sets forth the procedures that the Department must use when accepting written complaints alleging that a contractor doing business with the Federal government has failed to post the notice required by the Executive Order. Type of Review: Extension Agency: Office of Labor-Management Standards OMB Number: 1245-0004 Affected Public: Employees of Federal Contractors and Subcontractors Total Respondents: 10. Total Annual responses: 10. Estimated Total Burden Hours: 12.80. Estimated Time Per Response: 1.28 hours. Frequency: On occasion of employee of a Federal contractor or subcontractor filing a complaint alleging a violation of proposed 29 CFR part 471. Total Burden Cost (capital/startup): $5.30 ($0.53 per response x 10 respondents) Total Burden Cost (operating/maintenance): $0 Employee Complaints Cost: $323.10 ($32.31 per response x 10 respondents) Total Annual Burden Cost: $328.40 ($5.30+ $323.10) Total respondent and responses estimates are based upon the estimate of 25 in the previous E.O. 13496 extension of information collection. See 78 FR 12799. In that submission, the Department estimated it would receive 25 employee complaints. However, since the Department received only two employee complaints since publishing the final rule in 2010, the Department has lowered its complaint estimate to 10. The Department has not adjusted its total employee complaint hour estimate of 1.28 hours, which it estimated in the E.O. 13496 final rule. 75 FR 28368. Based on the average seasonally-adjusted hourly earnings on private non-farm payrolls for all workers of $25.24, we estimate that an employee will incur a cost of approximately $32.31 for the 1.28 hours involved ($25.24 x 1.28) in preparing a complaint. The total hourly cost for all employees is therefore $323.10. Additionally, employees will incur costs of $0.53 per complaint in capital/start-up costs ($0.49 for postage + $0.03 for an envelope + $0.01 for paper) for a total cost of $5.30. The total cost for the estimated 10 complaints is therefore $328.40 ($323.10 + $5.30). There are no ongoing operation/ maintenance costs associated with this information collection. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated: January 20, 2016. Andrew R. Davis, Chief of the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor. [FR Doc. 2016-02750 Filed 2-10-16; 8:45 am] BILLING CODE P
![Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Notices 7375
RegInfo.gov Web site at: http://www. approved by the OMB under the PRA Total Estimated Number of
reginfo.gov/public/do/PRAViewICR?ref_ and displays a currently valid OMB Respondents: 1.
nbr=201510-1219-002 or by contacting Control Number. In addition, Total Estimated Number of
Michel Smyth by telephone at 202–693– notwithstanding any other provisions of Responses: 1.
4129, TTY 202–693–8064, (these are not law, no person shall generally be subject Total Estimated Annual Time Burden:
toll-free numbers) or by email at DOL_ to penalty for failing to comply with a 1 hour.
PRA_PUBLIC@dol.gov. collection of information that does not Total Estimated Annual Other Costs
Submit comments about this request display a valid Control Number. See 5 Burden: $6.
by mail or courier to the Office of CFR 1320.5(a) and 1320.6. The DOL Authority: 44 U.S.C. 3507(a)(1)(D).
Information and Regulatory Affairs, obtains OMB approval for this Dated: February 4, 2016.
Attn: OMB Desk Officer for DOL– information collection under Control
Michel Smyth,
MSHA, Office of Management and Number 1219–0095.
Budget, Room 10235, 725 17th Street, OMB authorization for an ICR cannot Departmental Clearance Officer.
NW., Washington, DC 20503; by Fax: be for more than three (3) years without [FR Doc. 2016–02748 Filed 2–10–16; 8:45 am]
202–395–5806 (this is not a toll-free renewal, and the DOL seeks to extend BILLING CODE 4510–43–P
number); or by email: OIRA_ PRA authorization for this information
submission@omb.eop.gov. Commenters collection for three (3) more years,
are encouraged, but not required, to without any change to existing DEPARTMENT OF LABOR
send a courtesy copy of any comments requirements. The DOL notes that
existing information collection Office of Labor-Management
by mail or courier to the U.S.
requirements submitted to the OMB Standards
Department of Labor—OASAM, Office
of the Chief Information Officer, Attn: receive a month-to-month extension Extension of Information Collection;
Departmental Information Compliance while they undergo review. For Comment Request
Management Program, Room N1301, additional substantive information
200 Constitution Avenue NW., about this ICR, see the related notice ACTION: Notice.
Washington, DC 20210; or by email: published in the Federal Register on
DOL_PRA_PUBLIC@dol.gov. August 3, 2015 (80 FR 46056). SUMMARY: The Department of Labor, as
FOR FURTHER INFORMATION CONTACT: Interested parties are encouraged to part of its continuing effort to reduce
Michel Smyth by telephone at 202–693– send comments to the OMB, Office of paperwork and respondent burden,
4129, TTY 202–693–8064, (these are not Information and Regulatory Affairs at conducts a preclearance consultation
toll-free numbers) or by email at DOL_ the address shown in the ADDRESSES program to provide the general public
PRA_PUBLIC@dol.gov. section within thirty (30) days of and Federal agencies with an
publication of this notice in the Federal opportunity to comment on proposed
SUPPLEMENTARY INFORMATION: This ICR
Register. In order to help ensure and/or continuing collections of
seeks to extend PRA authority for the information in accordance with the
Explosive Materials and Blasting Units appropriate consideration, comments
should mention OMB Control Number Paperwork Reduction Act of 1995
in Metal and Nonmetal Underground (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This
Gassy Mines information collection. 1219–0095. The OMB is particularly
interested in comments that: program helps to ensure that requested
Under regulations 30 CFR parts 7 and
• Evaluate whether the proposed data can be provided in the desired
15, the MSHA evaluates and approves format, reporting burden (time and
collection of information is necessary
explosive materials and blasting units as financial resources) is minimized,
for the proper performance of the
permissible for use in the mining collection instruments are clearly
functions of the agency, including
industry; however, since there are no understood, and the impact of collection
whether the information will have
permissible explosives or blasting units requirements on respondents can be
practical utility;
available that have adequate blasting • Evaluate the accuracy of the properly assessed. Currently, the Office
capacity for some metal and nonmetal agency’s estimate of the burden of the of Labor-Management Standards
gassy mines, regulations 30 CFR proposed collection of information, (OLMS) of the Department of Labor
57.22606(a) outlines the procedures for including the validity of the (Department) is soliciting comments
a mine operator to follow when using methodology and assumptions used; concerning the proposed extension of
non-approved explosive materials and • Enhance the quality, utility, and the collection of information
blasting units. The standard requires the clarity of the information to be requirements implementing Executive
mine operator of a Class III metal or collected; and Order (E.O.) 13496: Notification of
nonmetal mine (gassy mine) to notify • Minimize the burden of the Employee Rights Under Federal Labor
the MSHA in writing prior to the use of collection of information on those who Laws. A copy of the proposed
any non-approved explosive materials are to respond, including through the information collection request can be
and blasting units. The MSHA then use of appropriate automated, obtained by contacting the office listed
evaluates the non-approved explosive electronic, mechanical, or other below in the addresses section of this
materials and determines whether they technological collection techniques or Notice.
are safe for use in a potentially gassy other forms of information technology,
environment. Federal Mine Safety and DATES: Written comments must be
e.g., permitting electronic submission of
Health Act of 1977 sections 101(a) and submitted to the office listed in the
responses.
addresses section below on or before
mstockstill on DSK4VPTVN1PROD with NOTICES
103(h) authorize this information Agency: DOL–MSHA.
collection. See 30 U.S.C. 811(a), 813(h). Title of Collection: Explosive April 11, 2016.
This information collection is subject Materials and Blasting Units in Metal ADDRESSES: Andrew R. Davis, Chief of
to the PRA. A Federal agency generally and Nonmetal Underground Gassy the Division of Interpretations and
cannot conduct or sponsor a collection Mines. Standards, Office of Labor-Management
of information, and the public is OMB Control Number: 1219–0095. Standards, U.S. Department of Labor,
generally not required to respond to an Affected Public: Private Sector— 200 Constitution Avenue NW., Room N–
information collection, unless it is businesses or other for-profits. 5609, Washington, DC 20210, olms-
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![7376 Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Notices
public@dol.gov, (202) 693–0123 (this is government procurement by ensuring Total Burden Cost (capital/startup):
not a toll-free number), (800) 877–8339 that workers employed in the private $5.30 ($0.53 per response × 10
(TTY/TDD). sector as a result of Federal government respondents)
Please use only one method of contracts are informed of their rights to Total Burden Cost (operating/
transmission for comments (mail or engage in union activity and collective maintenance): $0
Email). bargaining. Knowledge of such basic Employee Complaints Cost: $323.10
SUPPLEMENTARY INFORMATION: I. statutory rights promotes stable labor- ($32.31 per response × 10 respondents)
management relations, thus reducing Total Annual Burden Cost: $328.40
Background: President Barack Obama
costs to the Federal government. ($5.30+ $323.10)
signed Executive Order 13496 (E.O.
The contractual provisions require Total respondent and responses
13496) on January 30, 2009, requiring
contractors and subcontractors to post a estimates are based upon the estimate of
certain Government contractors and
notice, created by the Secretary of 25 in the previous E.O. 13496 extension
subcontractors to post notices informing
Labor, informing employees of their of information collection. See 78 FR
their employees of their rights as
rights under the National Labor 12799. In that submission, the
employees under Federal labor laws.
Relations Act. The notice also provides Department estimated it would receive
The Order also provides the text of
a statement of the policy of the United 25 employee complaints. However,
contractual provisions that Federal
States to encourage collective since the Department received only two
Government contracting departments
bargaining, as well as a list of activities employee complaints since publishing
and agencies must include in every
that are illegal under the Act. The notice the final rule in 2010, the Department
Government contract, except for
concludes with a general description of has lowered its complaint estimate to
collective bargaining agreements and
the remedies to which employees may 10.
contracts for purchases under the
be entitled if these rights have been The Department has not adjusted its
Simplified Acquisition Threshold.
violated and contact information for total employee complaint hour estimate
OLMS administers the enforcement
further information about those rights of 1.28 hours, which it estimated in the
provisions of Executive Order 13496,
and remedies, as well as enforcement E.O. 13496 final rule. 75 FR 28368.
while the compliance evaluation and
procedures. Based on the average seasonally-
investigatory provisions are handled by
The clause also requires contractors to adjusted hourly earnings on private
the Department’s Office of Federal
include the same clause in their non-farm payrolls for all workers of
Contract Compliance Programs
nonexempt subcontracts and purchase $25.24, we estimate that an employee
(OFCCP), pursuant to the Order’s
orders, and describes generally the will incur a cost of approximately
implementing regulatory provisions (29
sanctions, penalties, and remedies that $32.31 for the 1.28 hours involved
CFR part 471). Complaints can be filed
may be imposed if the contractor fails to ($25.24 × 1.28) in preparing a
with both agencies.
satisfy its obligations under the Order complaint. The total hourly cost for all
II. Review Focus: The Department is
and the clause. employees is therefore $323.10.
particularly interested in comments
Additionally, employees will incur
which: The regulatory provisions
costs of $0.53 per complaint in capital/
* evaluate whether the proposed implementing E.O. 13496 (29 CFR part
start-up costs ($0.49 for postage + $0.03
collection of information is necessary 471) include the language of the
for an envelope + $0.01 for paper) for a
for the proper performance of the required notices, and they explain
total cost of $5.30. The total cost for the
functions of the agency, including posting and contractual requirements,
estimated 10 complaints is therefore
whether the information will have the complaint process, the investigatory
$328.40 ($323.10 + $5.30). There are no
practical utility; process, and sanctions, penalties, and
ongoing operation/maintenance costs
* evaluate the accuracy of the remedies that may be imposed if the
associated with this information
agency’s estimate of the burden of the contractor or subcontractor fails to
collection.
proposed collection of information, comply with its obligations under the
Comments submitted in response to
including the validity of the Order. Specifically, 29 CFR part
this notice will be summarized and/or
methodology and assumptions used; 471.11(c) sets forth the procedures that
included in the request for Office of
* enhance the quality, utility and the Department must use when
Management and Budget approval of the
clarity of the information to be accepting written complaints alleging
information collection request; they will
collected; and that a contractor doing business with
also become a matter of public record.
* minimize the burden of the the Federal government has failed to
collection of information on those who post the notice required by the Dated: January 20, 2016.
are to respond, including through the Executive Order. Andrew R. Davis,
use of appropriate automated, Type of Review: Extension Chief of the Division of Interpretations and
electronic, mechanical, or other Agency: Office of Labor-Management Standards, Office of Labor-Management
technological collection techniques or Standards Standards, U.S. Department of Labor.
other forms of information technology, OMB Number: 1245–0004 [FR Doc. 2016–02750 Filed 2–10–16; 8:45 am]
e.g., permitting electronic submissions BILLING CODE P
Affected Public: Employees of Federal
of responses.
Contractors and Subcontractors
III. Current Actions: The Department
seeks extension of the current approval Total Respondents: 10.
NATIONAL AERONAUTICS AND
Total Annual responses: 10.
mstockstill on DSK4VPTVN1PROD with NOTICES
to collect this information. An extension SPACE ADMINISTRATION
is necessary because if this information Estimated Total Burden Hours: 12.80.
collection is not conducted, E.O. 13496 Estimated Time Per Response: 1.28 [Notice: (16–013)]
could not be enforced through the hours.
NASA Advisory Council; Institutional
complaint procedure. Frequency: On occasion of employee Committee; Meeting.
E.O. 13496 advances the of a Federal contractor or subcontractor
Administration’s goal of promoting filing a complaint alleging a violation of AGENCY:National Aeronautics and
economy and efficiency of Federal proposed 29 CFR part 471. Space Administration.
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Document Created: 2016-02-11 00:03:46
Document Modified: 2016-02-11 00:03:46
| 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 | 81 FR 7375 |
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