Federal Register Notice

1235-0007 60 day notice 5-7-13.pdf

Labor Standards for Federal Service Contracts

Federal Register Notice

OMB: 1235-0007

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Federal Register / Vol. 78, No. 88 / Tuesday, May 7, 2013 / Notices
providing services to ATF meet DOJ and
ATF basic qualification requirements to
be considered for access to ATF
information, information technology
systems, and/or facilities. These agency
specific requirements include, but are
not limited to, residency, citizenship,
drug use, financial history, firearms/
explosives licensing, criminal history,
and conduct qualifications. The revision
to this collection is adding a new form
ATF Form 8620.62 for individuals that
require unescorted access to ATF
information and facilities, and minor
clarifying information on ATF Form
8620.42.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: It is estimated that 1000
respondents will take 5 minutes to
complete ATF F 8620.42 and 1500
respondents will take 7 minutes to
complete ATF F 8620.62.
(6) An estimate of the total public
burden (in hours) associated with the
collection: There are an estimated 258
annual total burden hours associated
with this collection.
If additional information is required
contact: Jerri Murray, Department
Clearance Officer, Policy and Planning
Staff, Justice Management Division,
Department of Justice, Two Constitution
Square, 145 N Street NE., Room 3W–
1407B, Washington, DC 20530.
Dated: May 2, 2013.
Jerri Murray,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2013–10768 Filed 5–6–13; 8:45 am]
BILLING CODE 4410–FY–P

DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms,
and Explosives
[OMB Number 1140–0055]

Agency Information Collection
Activities; Proposed Collection;
Comments Requested: Identification of
Explosive Materials

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ACTION:

30-Day notice.

The Department of Justice (DOJ),
Bureau of Alcohol, Tobacco, Firearms,
and Explosives (ATF) will be submitting
the following information collection
request to the Office of Management and
Budget (OMB) for review and approval
in accordance with the Paperwork
Reduction Act of 1995. The proposed
information collection is published to
obtain comments from the public and
affected agencies. This proposed
information collection was previously

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published in the Federal Register
Volume 78, Number 42, page 14120 on
March 4, 2013, allowing for a 60 day
comment period.
The purpose of this notice is to allow
for an additional 30 days for public
comment until June 6, 2013. This
process is conducted in accordance with
5 CFR 1320.10.
Written comments concerning this
information collection should be sent to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget, Attn: DOJ Desk Officer. The best
way to ensure your comments are
received is to email them to
[email protected] or fax
them to 202–395–7285. All comments
should reference the eight digit OMB
number or the title of the collection.
Written comments and suggestions
from the public and affected agencies
concerning the proposed collection of
information are encouraged. Your
comments should address one or more
of the following four points:
—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 submission of
responses.
Summary of Information Collection
(1) Type of Information Collection:
Extension of a currently approved
collection.
(2) Title of the Form/Collection:
Identification of Explosive Materials.
(3) Agency form number, if any, and
the applicable component of the
Department of Justice sponsoring the
collection: Form Number: None. Bureau
of Alcohol, Tobacco, Firearms and
Explosives.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Business or other forprofit. Other: None.

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Need for Collection
The regulations at 27 CFR 555.109
require that manufacturers of explosive
materials place marks of identification
on the materials manufactured. Marking
of explosives enables law enforcement
entities to more effectively trace
explosives from the manufacturer
through the distribution chain to the
end purchaser. This process is used as
a tool in criminal enforcement activities.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: It is estimated that 2,184
respondents will respond to this
information collection. Estimated time
for a respondent to respond is none.
Manufacturers are required to place
markings on explosives, therefore, the
burden hours are considered usual and
customary. 5 CFR 1320.3(b)(2) states,
there is no burden when the collection
of information is usual and customary.
(6) An estimate of the total burden (in
hours) associated with the collection:
The estimated annual total burden
hours associated with this collection is
1 hour.
If additional information is required
contact: Jerri Murray, Department
Clearance Officer, Policy and Planning
Staff, Justice Management Division,
Department of Justice, Two Constitution
Square, 145 N Street NE., Room 3W–
1407B, Washington, DC 20530.
Dated: May 2, 2013.
Jerri Murray,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2013–10767 Filed 5–6–13; 8:45 am]
BILLING CODE 4410–FY–P

DEPARTMENT OF LABOR
Wage and Hour Division
RIN 1235–0007

Proposed Extension of the Labor
Standards for Federal Service
Contracts Information Collection
Wage and Hour Division,
Department of Labor.
ACTION: Notice.
AGENCY:

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. 3056(c)(2)(A). This

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Federal Register / Vol. 78, No. 88 / Tuesday, May 7, 2013 / Notices

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 Wage
and Hour Division is soliciting
comments concerning its proposal to
extend Office of Management and
Budget (OMB) approval of the
Information Collection: Labor Standards
for Federal Service Contracts—
Regulations 29 CFR, Part 4. 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
July 8, 2013.
ADDRESSES: You may submit comments
identified by Control Number 1235–
0007, 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:
Mary Ziegler, 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 tollfree (877) 889–5627 to obtain
information or request materials in
alternative formats.
SUPPLEMENTARY INFORMATION:

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I. Background
The Wage and Hour Division of the
U.S. Department of Labor administers
the McNamara-O’Hara Service Contract
Act (SCA), 41 U.S.C. 351 et seq. The
McNamara-O’Hara Service Contract Act
(SCA) applies to every contract entered
into by the United States or the District
of Columbia, the principal purpose of
which is to furnish services to the
United States through the use of service
employees. The SCA requires
contractors and subcontractors
performing services on covered federal
or District of Columbia contracts in
excess of $2,500 to pay service
employees in various classes no less
than the monetary wage rates and to
furnish fringe benefits found prevailing
in the locality, or the rates (including
prospective increases) contained in a
predecessor contractor’s collective
bargaining agreement. Safety and health
standards also apply to such contracts.
The compensation requirements of the
SCA are enforced by the Wage and Hour
Division.
A. Vacation Benefit Seniority List
Service Contract Act section 2(a),
provides that every contract subject to
the Act must contain a provision
specifying the minimum monetary
wages and fringe benefits to be paid to
the various classes of service employees
performing work on the contract. Many
wage determinations (WDs) issued for
recurring services performed at the same
Federal facility provide for certain
vested fringe benefits (e.g., vacations),
which are based on the employee’s total
length of service with a contractor or
any predecessor contractor. See 29 CFR
4.162. When found to prevail, such
fringe benefits are incorporated in WDs
and are usually stated as ‘‘one week
paid vacation after one year’s service
with a contractor or successor, two
weeks after two years’’, etc. These
provisions ensure that employees
receive the vacation benefit payments
that they have earned and accrued by
requiring that such payments be made
by successor contractors who hire the
same employees who have worked over
the years at the same facility in the same
locality for predecessor contractors
B. Conformance Record
Section 2(a) of the SCA provides that
every contract subject to the Act must
contain a provision specifying the
minimum monetary wage and fringe
benefits to be paid the various classes of
service employees employed on the
contract work. See 41 U.S.C. 351, et seq.
Problems sometimes arise (1) when
employees are working on service

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contracts in job classifications that DOL
was not previously informed about and
(2) when there are job classifications for
which no wage data are available.
Section 4.6(b)(2) of 29 CFR part 4
provides a process for ‘‘conforming’’
(i.e., adding) classifications and wage
rates to the WD for classes of service
employees not previously listed on a
WD but where employees are actually
working on an SCA covered contract.
This process ensures that the
requirements of section 2(a) of the Act
are fulfilled and that a formal record
exists as part of the contract which
documents the wage rate and fringe
benefits to be paid for a conformed
classification while a service
employee(s) is employed on the
contract.
The contracting officer is required to
review each contractor-proposed
conformance to determine if the
unlisted classes have been properly
classified by the contractor so as to
provide a reasonable relationship (i.e.,
appropriate level of skill comparison)
between such unlisted classifications
and the classifications (and wages)
listed in the WD. See 29 CFR 4.6(b)(2).
Moreover, the contracting agency is
required to forward the conformance
action to the Wage and Hour Division
for review and approval. Id. However, in
any case where a contract succeeds a
contract under which a class was
previously conformed, the contractor
may use an optional procedure known
as the indexing (i.e., adjusting)
procedure to determine a new wage rate
for a previously conformed class. See 29
CFR 4.6(b)(2)(iv)(B). This procedure
does not require DOL approval but does
require the contractor to notify the
contracting agency in writing that a
previously conformed class has been
indexed and include information
describing how the new rate was
computed. Id.
C. Submission of Collective Bargaining
Agreement (CBA)
Sections 2(a) and 4(c) of the SCA
provide that any contractor which
succeeds to a contract subject to the Act
and under which substantially the same
services are furnished, shall pay any
service workers employed on the
contract no less than the wages and
fringe benefits to which such workers
would have been entitled if employed
under the predecessor contract. See 29
CFR 4.163(a).
Section 4.6(l)(1) of Regulations, 29
CFR part 4, requires an incumbent
(predecessor) contractor to provide to
the contracting officer a copy of any
CBA governing the wages and fringe
benefits paid service employees

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Federal Register / Vol. 78, No. 88 / Tuesday, May 7, 2013 / Notices
performing work on the contract during
the contract period. These CBAs are
submitted by the contracting agency to
the Wage and Hour Division of the
Department of Labor where they are
used in issuing WDs for successor
contracts subject to section 2(a) and 4(c)
of SCA. See 29 CFR 4.4(c).
The Wage and Hour Division uses this
information to determine whether
covered employers have complied with
various legal requirements of the laws
administered by the Wage and Hour
Division. The Wage and Hour Division
seeks approval to renew this
information collection related to the
Labor Standards for Federal Service
Contracts.
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.

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III. Current Actions
The Department of Labor seeks an
approval for the extension of this
information collection that requires
employers to make, maintain, and
preserve records in accordance with
statutory and regulatory requirements.
Type of Review: Extension.
Agency: Wage and Hour Division.
Title: Labor Standards for Federal
Service Contracts-Regulations 29 CFR,
Part 4.
OMB Number: 1235–0007.
Affected Public: Business or other forprofit, Not-for-profit institutions, Farms.
Total Respondents: 49,344.
Total Annual Responses: 49,344.
Estimated Total Burden Hours:
49,060.
Estimated Time per Response:
Vacation Benefit Seniority List—1 hour,
Conformance Record—30 minutes,

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Collective Bargaining Agreement—5
minutes.
Frequency: On occasion.
Total Burden Cost (capital/startup):
$0.
Total Burden Costs (operation/
maintenance): $0.
Dated: April 30, 2013.
Mary Ziegler,
Director, Division of Regulations, Legislation,
and Interpretation.
[FR Doc. 2013–10800 Filed 5–6–13; 8:45 am]
BILLING CODE 4510–27–P

NATIONAL TRANSPORTATION
SAFETY BOARD
Agency Information Collection
Activity: Submission for OMB Review;
Comment Request
National Transportation Safety
Board (NTSB).
ACTION: Request to Reinstate a
Previously Approved Information
Collection.
AGENCY:

SUMMARY: In compliance with the
Paperwork Reduction Act, this notice
announces the NTSB is submitting an
Information Collection Request (ICR),
described below, to the Office of
Management and Budget (OMB) for
renewal of a previously approved
information collection, NTSB Form
6120.1. This ICR describes the nature of
the information collection and its
expected burden.
DATES: Submit written comments
regarding this proposed collection of
information by July 8, 2013.
ADDRESSES: Respondents may submit
written comments on the collection of
information to the National
Transportation Safety Board, Office of
Research and Engineering, 490 L’Enfant
Plaza East SW., Washington, DC 20594.
FOR FURTHER INFORMATION CONTACT:
Loren Groff, NTSB Office of Research
and Engineering, at (202) 314–6517.
SUPPLEMENTARY INFORMATION: The NTSB
is announcing the proposed extension of
a public information collection and
seeks public comment on the collection
in accordance with the Paperwork
Reduction Act. The NTSB’s collection of
information on Form 6120.1 is
necessary to fulfill the NTSB’s statutory
mandate to investigate transportation
accidents, because the form requests
information concerning aviation
accidents. This Notice informs the
public that it may submit comments
concerning the proposed use of this
form to the NTSB. This renewal request
is not associated with a rulemaking
activity.

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Paperwork Reduction Act Requirement
In accordance with OMB regulations
that require this Notice for proposed
Information Collection Requests, the
NTSB herein notifies the public that it
may submit comments on this proposed
information collection. Title 5 CFR
1320.8(d)(1) requires an agency, prior to
submitting a collection of information to
OMB for approval, to ‘‘provide 60-day
notice in the Federal Register, and
otherwise consult with members of the
public and affected agencies concerning
. . . [the] proposed collection of
information.’’ Section 1320.8(d)(1) also
requires the NTSB to solicit comment
on any aspect of this information
collection, including: (1) Whether the
proposed collection is necessary for the
NTSB to perform its mission; (2) the
accuracy of the estimated burden; (3)
ways for the NTSB to enhance the
quality, usefulness, and clarity of the
collected information; and (4) ways that
the burden could be minimized without
reducing the quality of the collected
information. The NTSB will summarize
and/or include the public’s comments
in its subsequent request for OMB’s
clearance of this information collection
pursuant to section 1320.10(a) of title 5,
Code of Federal Regulations.
Description of NTSB Form 6120.1
The NTSB notes it has been using
NTSB Form 6120.1 for several years to
collect information concerning certain
aviation accidents and incidents. The
Pilot/Operator Aircraft Accident/
Incident Report Form is used in
determining the facts, conditions, and
circumstances for aircraft accident
prevention activities and for statistical
purposes. The form is divided into 17
categories, which are titled as follows:
Basic information; aircraft information;
owner/operator information; other
aircraft—collision information (if air or
ground collision occurred); mechanical
malfunction/failure; damage to aircraft
and other property; airport information
(to be completed if accident or incident
occurred on approach, takeoff, or within
3 miles of an airport); flight itinerary
information; fuel and services
information; evacuation of aircraft;
weather information at the accident/
incident site; pilot ‘‘A’’ information;
pilot ‘‘B’’ information; additional flight
crew members; passengers/other
personnel; narrative history of flight;
and recommendation (concerning how
the accident or incident may have been
prevented). The basic information
category requests information
concerning the location and date and
time of the accident or incident, the
phase of operation during which the

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