Federal Register 60 day Notice

1235-0025 60dayFR 6-9-14.pdf

Nondisplacement of Qualified Workers Under Service Contracts, Executive Order 13495

Federal Register 60 day Notice

OMB: 1235-0025

Document [pdf]
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33002

Federal Register / Vol. 79, No. 110 / Monday, June 9, 2014 / Notices

payrolls are correct and complete and
that each laborer or mechanic has been
paid not less than the proper DavisBacon Act (DBA) 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
§§ 3.3(b), 3.4(b), and 5.5(a)(3)(ii)(B).
Regulations 29 CFR 3.4(b) and
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.

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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 forprofit; Federal Government; and State,
Local, or Tribal Government.
Total Respondents: 89,498.
Total Annual Responses: 2,058,454.
Estimated Total Burden Hours:
1,921,224.
Estimated Time per Response: 56
minutes.
Frequency: Weekly.

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Total Burden Cost (capital/startup):
$0.
Total Burden Costs (operation/
maintenance): $271,715.
Dated: June 3, 2014.
Mary Ziegler,
Director, Division of Regulations, Legislation,
and Interpretation.
[FR Doc. 2014–13380 Filed 6–6–14; 8:45 am]
BILLING CODE 4510–27–P

DEPARTMENT OF LABOR
Wage and Hour Division
Proposed Extension of the Approval of
Information Collection Requirements
Wage and Hour Division,
Department of Labor.
ACTION: Notice.
AGENCY:

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
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:
Nondisplacement of Qualified Workers
Under Service Contracts. 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
August 8, 2014.
ADDRESSES: You may submit comments
identified by Control Number 1235–
0025, by either one of the following
methods: Email: WHDPRAComments@
dol.gov; 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.
SUMMARY:

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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:

I. Background
On January 30, 2009, President
Obama signed Executive Order (E.O.)
13495, ‘‘Nondisplacement of Qualified
Workers Under Service Contracts.’’ 74
FR 6103. The E.O. generally requires
Federal service contracts and their
solicitations to include a clause
requiring the successor contractor, and
its subcontractors, under a contract that
succeeds a contract for performance of
the same or similar services at the same
location, to offer suitable employment
(i.e., positions for which the employees
are qualified) on the contract to those
predecessor employees whose
employment will be terminated as a
result of the award of the successor
contract. The E.O. contains a number of
exclusions, including exempting
contracts under the simplified
acquisition threshold (currently
$150,000) and certain contracts awarded
for services produced or provided by
persons who are blind or have severe
disabilities. The Secretary of Labor is
responsible for investigating and
obtaining compliance with the E.O. The
E.O. also directs the Secretary, in
consultation with the Federal
Acquisition Regulatory Council, to issue
implementing regulations within 180
days of the date of the Order to the
extent permitted by law.

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Federal Register / Vol. 79, No. 110 / Monday, June 9, 2014 / Notices
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;
• 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.

ehiers on DSK2VPTVN1PROD with NOTICES

III. Current Actions
The DOL seeks an approval for the
extension of this information collection
that requires Federal service contracts
and their solicitations to include a
clause requiring the successor
contractor, and its subcontractors, under
a contract that succeeds a contract for
performance of the same or similar
services at the same location, to offer
suitable employment (i.e., positions for
which the employees are qualified) on
the contract to those predecessor
employees whose employment will be
terminated as a result of the award of
the successor contract.
Type of Review: Extension without
change of a currently approved
collection.
Agency: Wage and Hour Division.
Title: Nondisplacement of Qualified
Workers Under Service Contracts.
OMB Number: 1235–0025.
Affected Public: contractors,
subcontractors, contracting officers, and
service workers on Federal contracts.
Total Respondents: 40,000.
Total Annual Responses: 2,070,012.
Estimated Total Burden Hours:
57,504.
Estimated Time per Response: 30–50
minutes.
Frequency: On occasion.
Total Burden Cost (capital/startup):
$0.
Total Burden Costs (operation/
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 and will become
a matter of public record.

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15:08 Jun 06, 2014

Jkt 232001

Dated: June 3, 2014.
Mary Ziegler,
Director, Division of Regulation, Legislation,
and Interpretation.
[FR Doc. 2014–13374 Filed 6–6–14; 8:45 am]
BILLING CODE 4510–27–P

DEPARTMENT OF LABOR
Wage and Hour Division
Proposed Extension of the Approval of
Information Collection Requirements
Wage and Hour Division,
Department of Labor.
ACTION: Notice.
AGENCY:

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
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: Regulations 29
CFR Part 547, Requirements of a ‘‘Bona
Fide Profit-Thrift of Savings Plan’’ and
Regulations 29 CFR Part 549,
Requirements of a ‘‘Bona Fide ProfitSharing Plan or Trust’’. 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
August 8, 2014.
ADDRESSES: You may submit comments
identified by Control Number 1235–
0013, by either one of the following
methods: Email: WHDPRAComments@
dol.gov; 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
SUMMARY:

PO 00000

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33003

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 mayt 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:
I. Background
Section 7(e)(3)(b) of the Fair Labor
Standards Act permits the exclusion
from an employee’s regular rate of pay,
payments on behalf of an employee to
a ‘‘bona fide’’ thrift or savings plan,
profit-sharing plan or trust. Regulations,
29 CFR Parts 547 and 549 set forth the
requirements for what constitutes a
‘‘bona fide’’ thrift or savings plan, profitsharing plan or trust. The maintenance
of the records required by the
regulations enables Department of Labor
investigators to determine whether
contributions to a given thrift or savings
plan, profit-sharing plan or trust may be
excluded in calculating the regular rate
of pay for overtime purposes in
compliance with section 7(e)(3)(b) of the
FLSA. Without these records, such a
determination could not be made. This
information collection is currently
approved for use through January 2015.
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;
• Evaluate the accuracy of the
agency’s estimate of the burden of the

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