60-day Federal Register Notice

Federal Register / Vol. 79, No. 110 / Monday, June 9, 2014 / Notices
this notice in the Federal Register. In
order to help ensure appropriate
consideration, comments should
mention OMB Control Number 1219–
0007. The OMB 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 submission of
responses.
Agency: DOL–MSHA.
Title of Collection: Mine Accident,
Injury, and Illness Report and Quarterly
Mine Employment and Coal Production
Report.
OMB Control Number: 1219–0007.
Affected Public: Private Sector—
businesses or other for-profits.
Total Estimated Number of
Respondents: 29,710.
Total Estimated Number of
Responses: 132,179.
Total Estimated Annual Time Burden:
180,535 hours.
Total Estimated Annual Other Costs
Burden: $5,706.
Dated: June 3, 2014.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2014–13359 Filed 6–6–14; 8:45 am]
BILLING CODE 4510–43–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.

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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

SUMMARY:

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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 a 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: Davis-Bacon
Certified Payroll. 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–
0008, 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
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

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information or request materials in
alternative formats.
SUPPLEMENTARY INFORMATION:
I. Background
The Davis-Bacon and related Acts
(DBRA) require the application of DavisBacon labor standards to federal and
federally assisted construction. The
Copeland Act (40 U.S.C. 3145) requires
the Secretary of Labor to prescribe
reasonable regulations for contractors
and subcontractors engaged in
construction work subject to DavisBacon labor standards. While the
Federal contracting or assistanceadministering agencies have a primary
responsibility for enforcement of DavisBacon labor standards, Reorganization
Plan Number 14 of 1950 assigns to the
Secretary of Labor responsibility for
developing government-wide policies,
interpretations and procedures to be
observed by the contracting and
assisting agencies, in order to assure
coordination of administration and
consistency of DBRA enforcement.
The Copeland Act provision cited
above specifically requires the
regulations to ‘‘include a provision that
each contractor and subcontractor each
week must furnish a statement on the
wages paid each employee during the
prior week.’’ This requirement is
implemented by 29 CFR 3.3 and 3.4 and
the standard Davis-Bacon contract
clauses set forth at 29 CFR 5.5.
Regulations 29 CFR 5.5(a)(3)(ii)(A)
requires contractors to submit weekly a
copy of all payrolls to the federal agency
contracting for or financing the
construction project. If the agency is not
a party to the contract, the contractor
will submit the payrolls to the
applicant, sponsor, or owner, as the case
may be, for transmission to the
contracting agency. This same section
requires that the payrolls submitted
shall set out accurately and completely
the information required to be
maintained under 29 CFR 5.5(a)(3)(i),
except that full social security numbers
and home addresses shall not be
included on weekly transmittals, and
instead, the payrolls shall only need to
include an individually identifying
number for each employee (e.g., the last
four digits of the employee’s social
security number). The required weekly
payroll information may be submitted in
any form desired. Optional Form WH–
347 is available for this purpose from
the Wage and Hour Division Web site at
http://www.dol.gov/whd/forms/
wh347.pdf.
Regulations 29 CFR 3.3(b) requires
each contractor to furnish weekly a
signed ‘‘Statement of Compliance’’
accompanying the payroll indicating the

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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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