Federal Register Notice

FR 60 Day Notice 1235-0007.pdf

Labor Standards for Federal Service Contracts

Federal Register Notice

OMB: 1235-0007

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Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Notices
comply with the Standard to persons
responsible for compiling process safety
information.
II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
• Whether the proposed collection of
information requirements are necessary
for the proper performance of the
Agency’s functions, including whether
the information is useful;
• The accuracy of OSHA’s estimate of
the burden (time and costs) of the
collection of information requirements,
including the validity of the
methodology and assumptions used;
• The quality, utility, and clarity of
the information collected; and
• Ways to minimize the burden on
employers who must comply; for
example, by using automated or other
technological information collection
and transmission techniques.

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III. Proposed Actions
OSHA is requesting that OMB
approve the proposed extension and
revision of the collections of
information contained in OSHA’s PSM
Standard. The Agency is requesting a
decrease in burden hours of 547,491
hours, from 4,630,107 to 4,082,616
burden hours in the initial year. There
is an ‘‘adjustment’’ reduction of 726,317
hours as a result of reducing the number
of establishments and processes covered
in the existing ICR. This reduction is
offset by a ‘‘program change’’ increase of
178,826 burden hours. The burden hour
increase mainly results from this ICR
including additional establishments as a
result of OSHA (1) revising its
interpretation of the Standard’s retail
exemption, and (2) revising its
enforcement policy on the minimum
concentration of a chemical in a process
needed in order to count that chemical
toward the threshold quantity levels
that trigger coverage under the PSM
Standard.
In subsequent years, OSHA seeks a
2,195,202 burden hours increase from
the initial proposed burden hours from
4,082,616 to 6,277,818 as a result of
including retail exemption and
concentration change establishments in
recurring collections of information
such as updating and revalidating
process hazard analyses.
Type of Review: Revision of a
currently approved collection.
Title: Process Safety Management of
Highly Hazardous Chemicals (PSM) (29
CFR 1910.119).
OMB Control Number: 1218–0200.
Affected Public: Businesses or other
for-profits.

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Number of Respondents: Initial
11,114; Recurring: 11,114.
Frequency of Response: On Occasion:
Annually.
Total Responses: Initial 833,007;
Recurring 832,608.
Average Time per Response: Time
varies per response from three minutes
(.05 hour) to generate and maintain an
employee training record to 55 hours
per process for large establishments to
develop written management of change
procedures and update process safety
operating procedures.
Estimated Total Burden Hours: Initial
4,082,616; Recurring 6,277,818.
Estimated Cost (Operation and
Maintenance (capital)): $0.

www.regulations.gov Web site to submit
comments and access the docket is
available at the Web site’s ‘‘User Tips’’
link. Contact the OSHA Docket Office
for information about materials not
available from the Web site, and for
assistance in using the Internet to locate
docket submissions.

IV. Public Participation—Submission of
Comments on This Notice and Internet
Access to Comments and Submissions
You may submit comments in
response to this document as follows:
(1) Electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal; (2) by
facsimile; or (3) by hard copy. All
comments, attachments, and other
material must identify the Agency name
and the OSHA docket number (OSHA–
2012–0039) for this ICR. You may
supplement electronic submissions by
uploading document files electronically.
If you wish to mail additional materials
in reference to an electronic or facsimile
submission, you must submit them to
the OSHA Docket Office (see the section
of this notice titled ADDRESSES). The
additional materials must clearly
identify your electronic comments by
your name, date, and the docket number
so the Agency can attach them to your
comments.
Because of security procedures, the
use of regular mail may cause a
significant delay in the receipt of
comments. For information about
security procedures concerning the
delivery of materials by hand, express
delivery, messenger, or courier service,
please contact the OSHA Docket Office
at (202) 693–2350, (TTY (877) 889–
5627).
Comments and submissions are
posted without change at http://
www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
personal information such as their
social security number and date of birth.
Although all submissions are listed in
the http://www.regulations.gov index,
some information (e.g., copyrighted
material) is not publicly available to
read or download from this Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the http://

Signed at Washington, DC, on March 16,
2016.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.

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V. Authority and Signature
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health,
directed the preparation of this notice.
The authority for this notice is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of
Labor’s Order No. 1–2012 (77 FR 3912).

[FR Doc. 2016–06307 Filed 3–18–16; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Wage and Hour Division
Agency Information Collection
Activities; Comment Request;
Proposed Extension of the Labor
Standards for Federal Service
Contracts-Regulations Information
Collection
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: Labor Standards
for Federal Service Contracts—
Regulations 29 CFR, Part 4. A copy of
the proposed information request can be

SUMMARY:

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Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Notices

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
May 20, 2016.
ADDRESSES: You may submit comments
identified by Control Number 1235–
0007, 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: Bob
Waterman, Senior Compliance
Specialist, 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 toll-free (877) 889–5627
to obtain information or request
materials in alternative formats.
SUPPLEMENTARY INFORMATION:
I. Background: The Wage and Hour
Division of the U.S. Department of
Labor administers the McNamaraO’Hara Service Contract Act (SCA), 41
U.S.C. 351 et seq. The McNamaraO’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

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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
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

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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
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.

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Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / 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;
• 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.
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 Estimated Respondents: 76,027.
Total Estimated Annual Responses:
76,027.
Estimated Total Burden Hours:
76,213.
Estimated Time per Response:
Vacation Benefit Seniority List—1 hour,
Conformance Record—30 minutes,
Collective Bargaining Agreement—5
minutes.
Frequency: On occasion.
Total Burden Cost (capital/startup):
$0.
Total Burden Costs (operation/
maintenance): $0.
Dated: March 14, 2016.
Mary Ziegler,
Assistant Administrator for Policy
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[FR Doc. 2016–06308 Filed 3–18–16; 8:45 am]
BILLING CODE 4510–27–P

LEGAL SERVICES CORPORATION
Sunshine Act Meeting; Institutional
Advancement Committee; Correction
AGENCY:

Legal Services Corporation.

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ACTION:

Correction notice.

FOR FURTHER INFORMATION CONTACT:

On March 17, 2016, the Legal
Services Corporation (LSC) published a
notice in the Federal Register (81 FR
14487) titled ‘‘Institutional
Advancement Committee Telephonic
Meeting on March 22, 2016 at 10:30
a.m., EDT.’’ The meeting
commencement time is incorrect. This
document corrects the notice by
changing the commencement time to
10:00 a.m., EDT.’’
CHANGES IN THE MEETING:
Commencement time of the meeting is
10:00 a.m., EDT.
DATES: This correction is effective
March 17, 2016.
FOR FURTHER INFORMATION CONTACT:
Katherine Ward, Executive Assistant to
the Vice President for Legal Affairs and
General Counsel, Legal Services
Corporation, 3333 K Street NW.,
Washington, DC 20007; (202) 295–1500;
[email protected].
SUMMARY:

Dated: March 17, 2016.
Katherine Ward,
Executive Assistant to the Vice President for
Legal Affairs and General Counsel.
[FR Doc. 2016–06394 Filed 3–17–16; 11:15 am]
BILLING CODE 7050–01–P

NATIONAL CREDIT UNION
ADMINISTRATION
Sunshine Act: Notice of Agency
Meeting
10:00 a.m., Thursday,
March 24, 2016.
PLACE: Board Room, 7th Floor, Room
7047, 1775 Duke Street (All visitors
must use Diagonal Road Entrance),
Alexandria, VA 22314–3428.
STATUS: Open.
MATTERS TO BE CONSIDERED:
1. Corporate Stabilization Fund
Quarterly Report.
2. NCUA’s Rules and Regulations,
Permissible Investment Activities—
Bank Notes.
3. Enterprise Solutions Modernization
Program.
RECESS: 11:00 a.m.
TIME AND DATE: 11:15 a.m., Thursday,
March 24, 2016.
PLACE: Board Room, 7th Floor, Room
7047, 1775 Duke Street, Alexandria, VA
22314–3428.
STATUS: Closed.
MATTERS TO BE CONSIDERED:
1. Share Insurance Appeal. Closed
pursuant to Exemption (6).
TIME AND DATE:

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Gerard Poliquin, Secretary of the Board,
Telephone: 703–518–6304.
Gerard Poliquin,
Secretary of the Board.
[FR Doc. 2016–06402 Filed 3–17–16; 4:15 pm]
BILLING CODE 7535–01–P

NUCLEAR REGULATORY
COMMISSION
[Docket No. 040–8838; NRC–2014–0097]

License Amendment Application for
Source Materials License Jefferson
Proving Ground
Nuclear Regulatory
Commission.
ACTION: License amendment application;
withdrawal by applicant.
AGENCY:

The U.S. Nuclear Regulatory
Commission (NRC) is announcing the
withdrawal of a license amendment
application from the U.S. Department of
the Army (the licensee) for its Jefferson
Proving Ground (JPG) site located in
Madison, Indiana, to decommission the
site under restricted release conditions
as defined in the NRC’s regulations.
DATES: The license amendment
application was withdrawn by the
licensee on November 25, 2015.
ADDRESSES: Please refer to Docket ID
NRC–2014–0097 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
http://www.regulations.gov and search
for Docket ID NRC–2014–0097. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: [email protected]. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
http://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to [email protected]. The
ADAMS accession number for each
document referenced in this document
SUMMARY:

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