Protections for Transit Workers under Section 5333(b) Urban Program

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Emergency_PRA_Clearance_Memo_20130829.docx	Supplementary Document	Uploaded 2013-08-28	Available
Supporting_Statement-13(c)_Employer_Protections_8_29_13.docx	Supporting Statement A	Uploaded 2013-08-29	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
208184	DOL Procedural Guidelines for Processing 13(c)	Other-Form Letter and Questions	New

ICR Details

OMB Control No: 1245-0006	ICR Reference No: 201308-1245-002
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOL/OLMS	Agency Tracking No:
Title: Protections for Transit Workers under Section 5333(b) Urban Program
Type of Information Collection: Existing collection in use without an OMB Control Number	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 09/03/2013
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/12/2013
	Date Received in OIRA: 08/29/2013
Terms of Clearance: This information collection request is approved as submitted for 6 months. DOL will immediately begin the process of obtaining approval under the normal processing procedures of the PRA, including solication and consideration of public comment, and will resubmit for ongoing approval prior to the expiration of this package.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2014	6 Months From Approved
Responses	89	0	0
Time Burden (Hours)	534	0	0
Cost Burden (Dollars)	51,867	0	0

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Abstract: Under 49 U.S.C. 5333(b), when Federal funds are used to acquire, improve, or operate a transit system, the Department must ensure that the recipient of those funds establishes arrangements to protect the rights of affected transit employees. Federal law requires such arrangements to be ``fair and equitable,'' and the Department of Labor (DOL or "the Department") must certify the arrangements before the U.S. Department of Transportation's Federal Transit Administration (FTA) can award certain funds to grantees. These employee protective arrangements must include provisions that may be necessary for the preservation of rights, privileges, and benefits under existing collective bargaining agreements or otherwise; the continuation of collective bargaining rights; the protection of individual employees against a worsening of their positions related to employment; assurances of employment to employees of acquired transportation systems; assurances of priority of reemployment of employees whose employment is ended or who are laid off; and paid training or retraining programs. 49 U.S.C. 5333(b)(2). Pursuant to 29 CFR Part 215, upon receipt of copies of applications for Federal assistance subject to 49 U.S.C. 5333(b) from the FTA, together with a request for the certification of employee protective arrangements from the Department of Labor, DOL will process those applications, which must be in final form. The FTA will provide the Department with the information necessary to enable the Department to process employee protections for certification of the project.

Emergency Justfication: OLMS seeks emergency clearance from OMB for approval of the information collection from numerous California public transit agencies and the unions representing their employees, because the State of California implemented the Public Employee Pension Reform Act (PEPRA), which may limit a local transit authority’s ability to bargain or to enter into fair and equitable protective agreements or arrangements that satisfy Federal Transit Act section 13(c), 49 U.S.C. § 5333(b). OLMS seeks emergency clearance so that review of applications and arrangements can be approved prior to the end of the fiscal year 2013. Failure to be able to collect the information would jeopardize certification and release of funds to grantees.

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Authorizing Statute(s): US Code: 49 USC 5333 Name of Law: Federal Transit Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
DOL Procedural Guidelines for Processing 13(c)

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	89	0	0	89	0	0
Annual Time Burden (Hours)	534	0	0	534	0	0
Annual Cost Burden (Dollars)	51,867	0	0	51,867	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new information collection.

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Annual Cost to Federal Government: $1,015,013

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/29/2013

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