SUPPLEMENTARY INFORMATION:

Section 3506 of the Paperwork Reduction Act of 1995 (U.S.C. Chapter 35) requires that the Office of Management and Budget (OMB) provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The NMB publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection contains the following: (1) Type of review requested, e.g., new, revision extension, existing or reinstatement; (2) Title; (3) Summary of the collection; (4) Description of the need for, and proposed use of, the information; (5) Respondents and frequency of collection; and (6) Reporting and/or Record keeping burden. OMB invites public comment.

Currently, the NMB is soliciting comments concerning the proposed reinstatement, with non-substantive change, of a previously approved collection of information, entitled “Application for ADR Services,” and is interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the agency; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the agency enhance the quality, utility, and clarity of the information to be collected; and (5) how might the agency minimize the burden of this collection on the respondents, including through the use of information technology.

Title of Collection: Application for ADR Services.

OMB Control Number: 3149-0009.

Type of Review: Reinstatement, with non-substantive change, of a previously approved collection of information.

Affected Public: Union Officials and Officials of Railroads and Airlines.

Frequency of Collection: On occasion.

Respondent's Burden: Voluntary.

Estimated Reporting and Recordkeeping Hour Burden:

Responses: 25 annually.

Burden Hours: 5.0.

1. Abstract: The Railway Labor Act (RLA), 45 U.S.C. 151a. General Purposes, provides that the purposes of the RLA are (1) to avoid any interruption to commerce or to the operation of any carrier engaged therein. * * * (4) to provide for the prompt and orderly settlement of all disputes concerning rates of pay, rules, or working conditions, and (5) to provide for the prompt and orderly settlement of all disputes growing out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions. In fulfilling its role to administer the RLA, the NMB offers the parties to disputes mediation and arbitration services. On a voluntary basis, training programs in Alternative Dispute Resolution (ADR) and facilitation services are also available. These ADR programs are designed to enhance the bargaining and grievance handling skill level of the disputants and to assist the parties in the resolution of disputes. The impact of these ADR programs is that mediation and arbitration can be avoided entirely or the scope and number of issues brought to mediation or arbitration is significantly reduced. This collection is necessary to confirm the voluntary participation of the parties in the ADR process. The information provided by the parties is used by the NMB to schedule the parties for ADR training ( printed page 59813) and facilitation. Based on a recent survey of those who participated in the NMB's ADR Programs, 94.6% said they were satisfied with the ADR Programs and said they recommend the program for all negotiators. Collecting the brief information on the Application for ADR Services form allows the parties to voluntarily engage the services of the NMB in the orderly settlement of all disputes and fulfill the purposes of the RLA.

2. This collection is necessary to confirm the voluntary participation of the parties in the ADR process. The information provided by the parties is used by the NMB to schedule the parties for ADR training and facilitation. Based on a recent survey of those who participated in the NMB's ADR Programs, 94.6% said they were satisfied with the ADR programs and would recommend the program for all negotiators. Collecting the brief information on the Application for ADR Services form allows the parties to voluntarily engage the services of the NMB in the orderly settlement of all disputes and fulfill the purposes of the RLA.

3. There is no improved technological method for obtaining this information. The burden on the parties is minimal in completing the one-page Application for ADR Services.

4. There is no duplication in obtaining this information and the information does not exist elsewhere.

5. This collection does not impact small businesses or other small entities.

6. The collection of this information is voluntary and occurs when the labor and management parties determine that training is desired or required. The NMB has no ability to control the frequency of applications, because the submission is voluntary. There are no technical or legal obstacles involved with this collection.

7. The information requested by the NMB is consistent with the general information collection guidelines of 5 CFR 1320.6 and 5 CFR 1320.8 (b) (3). The burden on the parties is minimal in completing the Application for ADR Services. We do not require submission of more than one copy of any document, nor do we require submission of any confidential information.

8. No payments or gifts have been provided by the NMB to any respondents of the form.

9. There are no questions of a sensitive nature on the form.

10. The total time burden on respondents is 5.0 hours annually. This includes the time required to collect information. After consulting with a sample of people involved with the collection of this information, the time to complete this information collection is estimated to average 12 minutes per response, including gathering the data needed and completion and review of the information.

Number of respondents per year: 25.

Estimated time per respondent: 12 minutes.

Total burden hours per year: 5.0 (25 × 12 = 300 ÷ 60 = 5.0 hours).

11. The total collection cost burden on respondents is estimated at $161.20 annually. There is no mail cost burden—the forms are usually emailed (not mailed) to the NMB for processing.

a. The respondents will not incur any capital costs or start up costs for this collection.

b. Cost burden on respondents—detail:

The total time burden annual cost is $161.20.

Time Burden Basis: The total hourly burden per year, upon respondents, is 5.0.

Staff cost = $161.20.

$32.24 per hour—based on mid level clerical salary.

$32.24 × 5.0 hours per year = $161.20.

We are estimating that a mid-level clerical person, with an average salary of $32.24 per hour, will be completing the Application for ADR Services form. The total burden is estimated at 5.0 hours, therefore, the total time burden cost is estimated at $161.20 per year.

The collection of this information is not mandatory; it is a voluntary request from airline and railroad carrier officials and union officials seeking to participate in the NMB's ADR training and facilitation processes. The NMB will send the form to the carriers and labor organizations upon request. The form is available on the internet at ww.nmb.gov, which is the primary source of the form.

12. The total annualized Federal cost is $1,020.00. This cost represents the processing cost of the applications once they are received by the NMB. There are no printing or mailing costs. The forms are available on the NMB's website, and registrants print them and email them to us. The completed applications are maintained by the Office of Mediation Services.

a. Processing Cost = $1,020.00.

Basis (processing cost): Applications for ADR Services are submitted approximately 25 times per year and it takes approximately 60 minutes to process each application.

Staff Cost = $1,020.00.

$.68 per minute (GS 11 Step 1 base hourly rate of $40.94 per hr. ÷ 60).

$.68 × 60 minutes per application = $40.80.

$40.80 × 25 times per year = $1,020.00.

13. Item 13—no change in annual reporting and recordkeeping hour burden.

14. The information collected by the application will not be published.

15. The NMB will display the OMB expiration date on the form.

16(a)—the form does not reduce the burden on small entities; however, the burden is minimized and voluntary.

16(b)—the form does not indicate the retention period for record keeping requirements.

16(c)—not applicable, the form is not part of a statistical survey.

91 FR 59812