82 FR 31636 - Agency Information Collection Activities; Comment Request; Information Collections: Davis-Bacon Certified Payroll

DEPARTMENT OF LABOR
Wage and Hour Division

Federal Register Volume 82, Issue 129 (July 7, 2017)

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). This program helps to ensure that requested data can be provided in a 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: Davis-Bacon Certified Payroll. 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.

[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Pages 31636-31637]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14301]


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DEPARTMENT OF LABOR

Wage and Hour Division


Agency Information Collection Activities; Comment Request; 
Information Collections: Davis-Bacon Certified Payroll

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Notice.

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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). This program helps to ensure that requested data 
can be provided in a 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: 
Davis-Bacon Certified Payroll. 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 September 5, 2017.

ADDRESSES: You may submit comments identified by Control Number 1235-
0008, 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: Melissa Smith, Director, 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 Davis-Bacon and related Acts (DBRA) require the 
application of Davis-Bacon labor standards to federal and federally 
assisted construction. The Copeland Act (40 U.S.C. 3145) requires the 
Secretary of Labor to prescribe reasonable regulations for contractors 
and subcontractors engaged in construction work subject to Davis-Bacon 
labor standards. While the Federal contracting or assistance-
administering agencies have a primary responsibility for enforcement of 
Davis-Bacon labor standards, Reorganization Plan Number 14 of 1950 
assigns to the Secretary of Labor responsibility for developing 
government-wide policies, interpretations and procedures to be observed 
by the contracting and assisting agencies, in order to assure 
coordination of administration and consistency of DBRA enforcement.
    The Copeland Act provision cited above specifically requires the 
regulations to ``include a provision that each contractor and 
subcontractor each week must furnish a statement on the wages paid each 
employee during the prior week.'' This requirement is implemented by 29 
CFR 3.3 and 3.4 and the standard Davis-Bacon contract clauses set forth 
at 29 CFR 5.5. Regulations 29 CFR 5.5 (a)(3)(ii)(A) requires 
contractors to submit weekly a copy of all payrolls to the federal 
agency contracting for or financing the construction project.
    If the agency is not a party to the contract, the contractor will 
submit the payrolls to the applicant, sponsor, or owner, as the case 
may be, for transmission to the contracting agency. This same section 
requires that the payrolls submitted shall set out accurately and 
completely the information required to be maintained under 29 CFR 
5.5(a)(3)(i), except that full social security numbers and home 
addresses shall not be included on weekly transmittals, and instead, 
the payrolls shall only need to include an individually identifying 
number for each employee (e.g., the last four digits of the employee's 
social security number). The required weekly payroll information may be 
submitted in any form desired. Optional Form WH-347 is available for 
this purpose from the Wage and Hour Division Web site at http://www.dol.gov/whd/forms/wh347.pdf.
    Regulations 29 CFR 3.3(b) requires each contractor to furnish 
weekly a signed ``Statement of Compliance'' accompanying the payroll 
indicating the payrolls are correct and complete and that each laborer 
or mechanic has been paid not less than the proper Davis-Bacon Act 
prevailing wage rate for the work performed. The weekly submission of a 
properly executed certification, with the prescribed language set forth 
on page 2 of Optional Form WH-347, satisfies the requirement for 
submission of the required ``Statement of Compliance''. Id. at 
Sec. Sec.  3.3(b), 3.4(b), and 5.5(a)(3)(ii)(B). Regulations 29 CFR 
3.4(b) and

[[Page 31637]]

5.5(a)(3)(i) require contractors to maintain these records for three 
years after completion of the work.
    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 DOL seeks an approval for the extension 
of this information collection requirement that contractors and 
subcontractors on federal and federally assisted construction subject 
to DBRA labor standards submit weekly certified payrolls in accordance 
with the statutory, regulatory, and contractual requirements discussed 
herein.
    Type of Review: Extension.
    Agency: Wage and Hour Division.
    Title: Davis-Bacon Certified Payroll.
    OMB Number: 1235-0008.
    Affected Public: Business or other for-profit; Federal Government; 
and State, Local, or Tribal Government.
    Total Respondents: 81,404.
    Total Annual Responses: 7,489,168.
    Estimated Total Burden Hours: 6,989,890.
    Estimated Time per Response: 56 minutes.
    Frequency: Weekly.
    Total Burden Cost (capital/startup): $0.
    Total Burden Costs (operation/maintenance): $988,570.

    Dated: June 27, 2017.
Mary Ziegler,
Assistant Administrator for Policy, Wage and Hour Division.
[FR Doc. 2017-14301 Filed 7-6-17; 8:45 am]
BILLING CODE 4510-27-P