81 FR 91956 - Agency Information Collection Activities; Comment Request; Information Collections Application of the Employee Polygraph Protection Act
DEPARTMENT OF LABOR
Wage and Hour Division Federal Register Volume 81, Issue 243 (December 19, 2016)
Wage and Hour Division
Federal Register Volume 81, Issue 243 (December 19, 2016)
| Page Range | 91956-91957 | |
| FR Document | 2016-30452 |
[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)] [Notices] [Pages 91956-91957] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30452] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Wage and Hour Division Agency Information Collection Activities; Comment Request; Information Collections Application of the Employee Polygraph Protection Act AGENCY: Wage and Hour Division, Department of Labor. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Department of Labor (DOL) is soliciting comments concerning a proposed extension to the information collection request (ICR) titled, ``Application of the Employee Polygraph Protection Act.'' This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA). 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. A copy of the proposed information request can be 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 February 17, 2017. ADDRESSES: You may submit comments identified by Control Number 1235- 0005, 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 Office of Management and Budget (OMB) approval of the information collection request. FOR FURTHER INFORMATION CONTACT: Robert Waterman, Compliance Specialist, Division of Regulations, Legislation, and Interpretation, Wage and Hour Division, 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 (WHD) of the Department of Labor (DOL) administers the Employee Polygraph Protection Act of 1988 (EPPA), 29 U.S.C. 2001 et seq. The EPPA prohibits most private employers from using any lie detector tests either for pre-employment screening or during the course of employment. The Act contains an exemption applicable to Federal, State and local government employers. The EPPA also contains several limited exemptions authorizing polygraph tests under certain conditions, including testing: (1) By the Federal Government of experts, consultants, or employees of Federal contractors engaged in national security intelligence or counterintelligence [[Page 91957]] functions; (2) of employees the employer reasonably suspects of involvement in a workplace incident resulting in economic loss or injury to the employer's business; (3) of some prospective employees of private armored cars, security alarm and security guard firms; and (4) of some current and prospective employees of certain firms authorized to manufacture, distribute, or dispense controlled substances. The WHD may assess civil money penalties of up to $19,787 against employers who violate any EPPA provision. This amount increases annually due to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. On November 2, 2015, President Obama signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 to advance the effectiveness of civil money penalties and to strengthen their deterrent effect. Outdated penalties are a problem because civil penalties are less effective when they do not keep pace with the cost of living. The new law directs agencies across the federal government to adjust their penalties for inflation each year in January. 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 in order to ensure effective administration of the Employee Polygraph Protection Act. Type of Review: Extension. Agency: Wage and Hour Division. Title: Application of the Employee Polygraph Protection Act. OMB Number: 1235-0005. Affected Public: Business or other for-profit, Not-for-profit institutions, Farms, State, Local, or Tribal Government. Total Respondents: 593,400. Total Annual Responses: 593,400. Estimated Total Burden Hours: 68,739. Estimated Time per Response: 30-45 minutes. Frequency: On occasion. Total Burden Cost (capital/startup): $0. Total Burden Cost (operation/maintenance): $0. Dated: December 12, 2016. Melissa Smith, Director, Division of Regulations, Legislation and Interpretation. [FR Doc. 2016-30452 Filed 12-16-16; 8:45 am] BILLING CODE 4510-27-P
![91956 Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices
Authority of the President Under the electronic, mechanical, or other DATES: Written comments must be
Rehabilitation Act of 1973, section 2 technological collection techniques or submitted to the office listed in the
authorize this information collection. other forms of information technology, ADDRESSES section below on or before
See 29 U.S.C. 793 and E.O. 11758 e.g., permitting electronic submission of February 17, 2017.
section 2. responses. ADDRESSES: You may submit comments
This information collection is subject Agency: DOL–OFCCP. identified by Control Number 1235–
to the PRA. A Federal agency generally Title of Collection: Office of Federal 0005, by either one of the following
cannot conduct or sponsor a collection Contract Compliance Programs methods: Email: WHDPRAComments@
of information, and the public is Recordkeeping and Reporting dol.gov; Mail, Hand Delivery, Courier:
generally not required to respond to an Requirements Under Rehabilitation Act Division of Regulations, Legislation, and
information collection, unless it is of 1973, as Amended Section 503. Interpretation, Wage and Hour, U.S.
approved by the OMB under the PRA OMB Control Number: 1250–0005. Department of Labor, Room S–3502, 200
and displays a currently valid OMB Affected Public: Individuals or Constitution Avenue NW., Washington,
Control Number. In addition, Households; Private Sector—businesses DC 20210. Instructions: Please submit
notwithstanding any other provisions of and other for-profits, farms, and not-for- one copy of your comments by only one
law, no person shall generally be subject profit institutions. method. All submissions received must
to penalty for failing to comply with a Total Estimated Number of include the agency name and Control
collection of information that does not Respondents: 41,814,991. Number identified above for this
display a valid Control Number. See 5 Total Estimated Number of information collection. Because we
CFR 1320.5(a) and 1320.6. The DOL Responses: 41,814,991. continue to experience delays in
obtains OMB approval for this Total Estimated Annual Time Burden: receiving mail in the Washington, DC
information collection under Control 4,392,369 hours. area, commenters are strongly
Number 1250–0002. Total Estimated Annual Other Costs encouraged to transmit their comments
OMB authorization for an ICR cannot Burden: $150,282,664. electronically via email or to submit
be for more than three (3) years without Dated: December 13, 2016. them by mail early. Comments,
renewal, and the current approval for Authority: 44 U.S.C. 3507(a)(1)(D). including any personal information
this collection is scheduled to expire on Michel Smyth, provided, become a matter of public
January 31, 2016. The DOL seeks to record. They will also be summarized
Departmental Clearance Officer.
extend PRA authorization for this and/or included in the request for Office
[FR Doc. 2016–30454 Filed 12–16–16; 8:45 am]
information collection for three (3) more of Management and Budget (OMB)
years, without any change to existing BILLING CODE 4510–CM–P
approval of the information collection
requirements. The DOL notes that request.
existing information collection
requirements submitted to the OMB DEPARTMENT OF LABOR FOR FURTHER INFORMATION CONTACT:
receive a month-to-month extension Robert Waterman, Compliance
Wage and Hour Division Specialist, Division of Regulations,
while they undergo review. For
additional substantive information Legislation, and Interpretation, Wage
Agency Information Collection and Hour Division, U.S. Department of
about this ICR, see the related notice Activities; Comment Request;
published in the Federal Register on Labor, Room S–3502, 200 Constitution
Information Collections Application of Avenue NW., Washington, DC 20210;
August 26, 2016. the Employee Polygraph Protection
Interested parties are encouraged to telephone: (202) 693–0406 (this is not a
Act toll-free number). Copies of this notice
send comments to the OMB, Office of
Information and Regulatory Affairs at AGENCY: Wage and Hour Division, may be obtained in alternative formats
the address shown in the ADDRESSES Department of Labor. (Large Print, Braille, Audio Tape, or
section within thirty (30) days of ACTION: Notice. Disc), upon request, by calling (202)
publication of this notice in the Federal 693–0023 (not a toll-free number). TTY/
Register. In order to help ensure SUMMARY: The Department of Labor TTD callers may dial toll-free (877) 889–
appropriate consideration, comments (DOL) is soliciting comments 5627 to obtain information or request
should mention OMB Control Number concerning a proposed extension to the materials in alternative formats.
1250–0005. The OMB is particularly information collection request (ICR) SUPPLEMENTARY INFORMATION:
interested in comments that: titled, ‘‘Application of the Employee I. Background: The Wage and Hour
• Evaluate whether the proposed Polygraph Protection Act.’’ This Division (WHD) of the Department of
collection of information is necessary comment request is part of continuing Labor (DOL) administers the Employee
for the proper performance of the Departmental efforts to reduce Polygraph Protection Act of 1988
functions of the agency, including paperwork and respondent burden in (EPPA), 29 U.S.C. 2001 et seq. The
whether the information will have accordance with the Paperwork EPPA prohibits most private employers
practical utility; Reduction Act of 1995 (PRA). This from using any lie detector tests either
• Evaluate the accuracy of the program helps to ensure that requested for pre-employment screening or during
agency’s estimate of the burden of the data can be provided in the desired the course of employment. The Act
proposed collection of information, format, reporting burden (time and contains an exemption applicable to
including the validity of the financial resources) is minimized, Federal, State and local government
collection instruments are clearly employers. The EPPA also contains
sradovich on DSK3GMQ082PROD with NOTICES
methodology and assumptions used;
• Enhance the quality, utility, and understood, and the impact of collection several limited exemptions authorizing
clarity of the information to be requirements on respondents can be polygraph tests under certain
collected; and properly assessed. A copy of the conditions, including testing: (1) By the
• Minimize the burden of the proposed information request can be Federal Government of experts,
collection of information on those who obtained by contacting the office listed consultants, or employees of Federal
are to respond, including through the below in the FOR FURTHER INFORMATION contractors engaged in national security
use of appropriate automated, CONTACT section of this Notice. intelligence or counterintelligence
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![Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices 91957
functions; (2) of employees the Affected Public: Business or other for- concerning the proposed extension of
employer reasonably suspects of profit, Not-for-profit institutions, Farms, the Application for Mediation Services
involvement in a workplace incident State, Local, or Tribal Government. and is interested in public comment
resulting in economic loss or injury to Total Respondents: 593,400. addressing the following issues: (1) Is
the employer’s business; (3) of some Total Annual Responses: 593,400. this collection necessary to the proper
prospective employees of private Estimated Total Burden Hours: functions of the agency; (2) will this
armored cars, security alarm and 68,739. information be processed and used in a
security guard firms; and (4) of some Estimated Time per Response: 30–45 timely manner; (3) is the estimate of
current and prospective employees of minutes. burden accurate; (4) how might the
certain firms authorized to manufacture, Frequency: On occasion. agency enhance the quality, utility, and
Total Burden Cost (capital/startup):
distribute, or dispense controlled clarity of the information to be
$0.
substances. The WHD may assess civil Total Burden Cost (operation/ collected; and (5) how might the agency
money penalties of up to $19,787 maintenance): $0. minimize the burden of this collection
against employers who violate any on the respondents, including through
EPPA provision. This amount increases Dated: December 12, 2016. the use of information technology.
annually due to the Federal Civil Melissa Smith,
Dated: December 13, 2016.
Penalties Inflation Adjustment Act Director, Division of Regulations, Legislation
and Interpretation. Samantha Jones,
Improvements Act of 2015. On
[FR Doc. 2016–30452 Filed 12–16–16; 8:45 am] Assistant Chief of Staff, Administration,
November 2, 2015, President Obama National Mediation Board.
signed into law the Federal Civil BILLING CODE 4510–27–P
Penalties Inflation Adjustment Act Application for Mediation Services
Improvements Act of 2015 to advance Type of Review: Extension.
the effectiveness of civil money NATIONAL MEDIATION BOARD Title: Application for Mediation
penalties and to strengthen their Services, OMB Number: 3140–0002.
deterrent effect. Outdated penalties are Notice of Proposed Information
Frequency: On occasion.
a problem because civil penalties are Collection Requests
Affected Public: Carrier and Union
less effective when they do not keep AGENCY: National Mediation Board. Officials, and employees of railroads
pace with the cost of living. The new SUMMARY: The Assistant Chief of Staff, and airlines.
law directs agencies across the federal Administration invites comments on the Reporting and Recordkeeping Hour
government to adjust their penalties for proposed information collection Burden:
inflation each year in January. requests as required by the Paperwork Responses: 50 annually.
II. Review Focus: The Department of Reduction Act of 1995. Burden Hours: 12.50.
Labor is particularly interested in DATES: Interested persons are invited to Abstract: Section 5, First of the
comments which: submit comments within 30 days from Railway Labor Act, 45 U.S.C., 155, First,
• Evaluate whether the proposed the date of this publication. provides that both, or either, of the
collection of information is necessary parties to the labor-management dispute
SUPPLEMENTARY INFORMATION: Section
for the proper performance of the may invoke the mediation services of
3506 of the Paperwork Reduction Act of
functions of the agency, including the National Mediation Board. Congress
1995 (U.S.C. Chapter 35) requires that
whether the information will have has determined that it is in the nation’s
the Office of Management and Budget
practical utility; best interest to provide for governmental
(OMB) provide interested Federal
• Enhance the quality, utility, and agencies and the public an early mediation as the primary dispute
clarity of the information to be opportunity to comment on information resolution mechanism to resolve labor-
collected; collection requests. OMB may amend or management disputes in the railroad
• Evaluate the accuracy of the waive the requirement for public and airline industries. The Railway
agency’s estimate of the burden of the consultation to the extent that public Labor Act is silent as to how the
proposed collection of information, participation in the approval process invocation of mediation is to be
including the validity of the would defeat the purpose of the accomplished and the Board has not
methodology and assumptions used; information collection, violate State or promulgated regulations requiring any
• Minimize the burden of the Federal law, or substantially interfere specific vehicle. Nonetheless, 29
collection of information on those who with any agency’s ability to perform its CFR1203.1 provides that applications
are to respond, including through the statutory obligations. The Assistant for mediation services be made on
use of appropriate automated, Chief of Staff, Administration publishes printed forms which may be secured
electronic, mechanical, or other that notice containing proposed from the National Mediation Board.
technological collection techniques or information collection requests prior to This section of the regulations provides
other forms of information technology, submission of these requests to OMB. that applications should be submitted in
e.g., permitting electronic submissions Each proposed information collection duplicate, show the exact nature of the
of responses. contains the following: (1) Type of dispute, the number of employees
III. Current Actions: The Department review requested, e.g. new, revision involved, name of the carrier and name
of Labor seeks an approval for the extension, existing or reinstatement; (2) of the labor organization, date of
extension of this information collection Title; (3) Summary of the collection; (4) agreement between the parties, date and
in order to ensure effective copy of notice served by the invoking
sradovich on DSK3GMQ082PROD with NOTICES
Description of the need for, and
administration of the Employee proposed use of, the information; (5) party to the other and date of final
Polygraph Protection Act. Respondents and frequency of conference between the parties. The
Type of Review: Extension. collection; and (6) Reporting and/or application should be signed by the
Agency: Wage and Hour Division. Record keeping burden. OMB invites highest officer of the carrier who has
Title: Application of the Employee public comment. been designated to handle disputes
Polygraph Protection Act. Currently, the National Mediation under the Railway Labor Act or by the
OMB Number: 1235–0005. Board is soliciting comments chief executive of the labor
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Document Created: 2016-12-17 03:15:45
Document Modified: 2016-12-17 03:15:45
| 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 | Robert Waterman, Compliance Specialist, Division of Regulations, Legislation, and Interpretation, Wage and Hour Division, 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 91956 |
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