60-day Federal Register Notice for NPRM (RIN 1215-AB70)

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Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Notices

Title of Collection: Generic
Solicitation for Grant Applications.
OMB Control Number: 1225–0086.
Affected Public: Private Sector.
Total Estimated Number of
Respondents: 5,750.
Total Estimated Annual Burden
Hours: 115,000.
Total Estimated Annual Costs Burden
(does not include hourly wage costs): $0.
Description: The Department is
requesting OMB approval for the
continued use of a generic Solicitation
for Grant Application (SGA) format for
information collection requirements for
SGAs that extend beyond what is
collected on currently approved
standard forms. OMB approval of this
generic SGA form will assist the
Department to carry out its
responsibilities under the Paperwork
Reduction Act by accurately accounting
for the public burden associated with
grant applications through the
promotion of a common structure for
reporting the information collection
requirements contained in DOL’s SGAs.
For additional information, see related
notice published at Volume 74 FR
26425 on June 2, 2009.
Darrin A. King,
Departmental Clearance Officer.
[FR Doc. E9–21496 Filed 9–4–09; 8:45 am]
BILLING CODE 4510–23–P

DEPARTMENT OF LABOR
Office of Labor-Management
Standards
Proposed Information Collection
Requirements

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ACTION:

Notice.

SUMMARY: The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a pre-clearance 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 is
soliciting comments concerning its
request for Office of Management and
Budget (OMB) approval of the

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Information Collection: Notification of
Employee Rights Under Federal Labor
Laws 1215–ONEW (1215–AB70). 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
address section below on or before
November 9, 2009.
ADDRESSES: Mr. Steven D. Lawrence,
U.S. Department of Labor, 200
Constitution Ave., NW., Room S–3201,
Washington, DC 20210, telephone (202)
693–0292, fax (202) 693–1451, E-mail
[email protected]. Please use
only one method of transmission for
comments (mail, fax, or E-mail).
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.
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 labormanagement, 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

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sanctions, penalties, and remedies that
may be imposed if the contractor fails to
satisfy its obligations under the Order
and the clause.
The proposed 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, proposed 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.
In accordance with the Government
Paperwork Elimination Act (GPEA), the
Notice to Employees poster will be
available for downloading at http://
www.olms.dol.gov or by sending a
request to OLMS–[email protected] upon
OMB approval. The Office of LaborManagement Standards submitted the
Notice of Proposed Rule-Making 1215–
AB70 (NPRM), that’s associated with
this proposed collection to OMB for
comments. The NPRM for 1215–AB70
was published on August 3, 2009.
Complaints must be submitted to the
Department in writing.
The proposed part 471 requires
contractors and subcontractors to post
notices and cooperate with any
investigation into a failure to comply
with the requirements of proposed part
471 as the result of a complaint or a
compliance evaluation. It also permits
employees to file complaints with the
Department alleging that a contractor or
subcontractor has failed to comply with
those requirements. The burden hours
for this collection of information were
determined by estimating the time
required to perform the filing of
complaints under the proposed
regulation. Specifically, the Department
based its estimates on the experience of
the Office of Federal Contract
Compliance Programs (OFCCP)
administering other laws applicable to
Federal contractors, which determined
that it will take an average of 1.28 hours
for such a complainant to compose a
complaint containing the necessary
information and to send that complaint
to the Department. This number is also
consistent with the burden estimate for
filing a complaint under E.O. 13201 and
the now-revoked part 470 regulations.
The Department has estimated it
would receive a total of 50 employee
complaints in any given year, which is

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jlentini on DSKJ8SOYB1PROD with NOTICES

Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Notices
significantly larger than the estimate
contained its most recent PRA
submission for E.O. 13201. In that
submission, the Department estimated it
would receive 20 employee complaints.
This number itself had been revised
downwards because the Department
never received any employee
complaints pursuant to the now-revoked
29 CFR part 470 regulations. Because
the applicability of the proposed rule
and E.O. 13496 is greater in scope than
the now-revoked part 470 and E.O.
13201 in terms of geography (the nowrevoked part 470 regulations only
applied to states without right-to-work
laws, whereas the proposed rule applies
nationwide), the Department has revised
upwards its estimate of employee
complaints under the proposed rule
from 20 to 50. In addition, E.O. 13201
required the posting of a notice
containing information of interest to
only a few—employees who may have
objected to paying union dues or fees for
non-representational activities—while
the information in the poster required
by this regulation should be of interest
to all employees.
The Department is seeking a three
year approval for this information
collection in order to implement the
complaint procedures of proposed 29
CFR part 471.
II. Review Focus: The Department of
Labor is particularly interested in
comments that:
* 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 DOL seeks
the approval of this information
collection in order to ensure that
employees of Federal contractors and
subcontractors can properly submit
complaints pursuant to proposed 29
CFR 471.
Type of Review: Information
Collection Request.

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Agency: The Office of LaborManagement Standards.
Title: Notification of Employee Rights
Under Federal Labor Laws.
OMB Number: 1215–ONEW (1215–
AB70).
Affected Public: Employees of Federal
Contractors and Subcontractors.
Total Respondents: 50.
Total Annual Responses: 50.
Estimated Total Burden Hours: 64.
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):
$0.
Total Burden Cost (operating/
maintenance): $0.
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: September 2, 2009.
Steven D. Lawrence,
Acting Chief, Branch of Management Review
and Internal Control, Division of Financial
Management, Office of Management,
Administration and Planning.
[FR Doc. E9–21499 Filed 9–4–09; 8:45 am]
BILLING CODE 4510–CP–P

DEPARTMENT OF LABOR
Office of Workers’ Compensation
Programs
Proposed Extension of the Approval of
Information Collection Requirements
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 Workers’ Compensation Programs is
soliciting comments concerning its
proposal to extend the Office of

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Management and Budget (OMB)
approval of the Information Collection:
Representative Fee Request (CA–143/
CA–155). 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
November 9, 2009.
ADDRESSES: Mr. Steven D. Lawrence,
U.S. Department of Labor, 200
Constitution Ave., NW., Room S–3201,
Washington, DC 20210, telephone (202)
693–0292, fax (202) 693–1451, E-mail
[email protected]. Please use
only one method of transmission for
comments (mail, fax, or E-mail).
SUPPLEMENTARY INFORMATION:
I. Background: Individuals filing for
compensation benefits with the office of
Workers’ Compensation Programs
(OWCP) may be represented by an
attorney or other representative. The
representative is entitled to request a fee
for services under the Federal
Employees’ Compensation Act (FECA)
and under the Longshore and Harbor
Workers’ Compensation Act (LHWCA).
The fee must be approved by the OWCP
before any demand for payment can be
made by the representative. This
information collection request sets forth
the criteria for the information, which
must be presented by the respondent in
order to have the fee approved by the
OWCP. The information collection does
not have a particular form or format; the
respondent must present the
information in any format which is
convenient and which meets all the
required information criteria. This
information collection is currently
approved for use through March 31,
2010.
II. Review Focus: The Department of
Labor is particularly interested in
comments that:
* 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,

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