Proposed Collection; Comment Request [Notices] [11/28/1997]
Proposed Collection; Comment Request
[11/28/1997]
Volume 62, Number 229, Page
63390-63391=======================================================================
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DEPARTMENT OF LABOR
Employment Standards Administration
Proposed Collection; Comment Request
ACTION: Notice.
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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. 3506(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 Employment Standards Administration is soliciting
comments concerning the following information collection: Davis-Bacon
and Related Acts/Contract Work Hours and Safety Standards Reporting
Requirements-Regulations, 29 CFR Part 5. Copies of the proposed
information collection request can be obtained by contacting the office
listed below in the addressee section of this notice.
DATES: Written comments must be submitted to the office listed in the
addressee section below on or before February 1, 1998. The Department
of Labor is particularly interested in comments which:
<bullet> 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;
<bullet> 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;
<bullet> Enhance the quality, utility and clarity of the
information to be collected; and
<bullet> 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.
ADDRESSEE: Contact Ms. Patricia A. Forkel at the U.S. Department of
Labor, 200 Constitution Avenue, N.W., Room S-3201, Washington, D.C.
20210, telephone (202) 219-8713. The Fax number is (202) 219-6592.
(These are not toll-free numbers.)
SUPPLEMENTARY INFORMATION:
Background
The subject regulation prescribes labor standards for federally
financed and assisted construction contracts under the Davis-Bacon and
Related Acts (DBRA) and the Contract Work Hours
[[Page 63391]]
and Safety Standards Act (CWHSSA). Under DBRA, every contract subject
to the Act must contain a provision (i.e., wage determination) stating
the minimum wages and fringe benefits to be paid to various classes of
laborers and mechanics employed on the contract. In order for the Wage
and Hour Division (WHD) of the Department of Labor (DOL) to establish
minimum rates for classes of employees omitted from wage
determinations, employers must submit a Report of Conformed
Classifications and Wage Rates for review and approval. Further, the
Act provides that ``wages'' may include ``. . . costs to the contractor
or subcontractor which may be reasonably anticipated in providing
benefits to laborers or mechanics . . .''. Where a benefit plan is not
of the conventional type described in the Act and/or common in the
construction industry, it is necessary to determine whether the benefit
is a ``bona fide'' benefit under the Act. Therefore, contractors must
request approval of such fringe benefit plans from the Wage and Hour
Division.
II. Current Actions
The Department of Labor (DOL) seeks extension of approval to
collect this information in order to carry out its responsibility to
meet the statutory requirements of the Act. The information will be
used by Wage and Hour to establish minimum wage rates for classes of
employees not listed in a wage determination, and to determine whether
a fringe benefit is ``bona fide'' fringe benefit within the definition
of the Act.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: Information Collection Requirements in Regulations, 29 CFR
Part 5.
OMB Number: 1215-0140.
Affected Public: Business or other for-profit; Federal Government,
State, Local or Tribal Government.
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Total Total
Requirement Respondents Frequency Responses Average Time per Response
Hours
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Conformance Report..................... 2,500 On occasion........................ 2,500 .25 hour........................... 625
Unfunded Fringe Benefit Plans.......... 6 On occasion........................ 6 1 hour............................. 6
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Totals............................. 2,506 ................................. 2,506 ................................. 631
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Total Burden Cost (capital/startup): 0.
Total Burden Cost (operating/maintenance): $801.92.
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 request; they will also become a
matter of public record.
Dated: November 24, 1997.
Cecily A. Rayburn,
Director, Division of Financial Management, Office of Management,
Administration and Planning, Employment Standards Administration.
[FR Doc. 97-31238 Filed 11-26-97; 8:45 am]
BILLING CODE 4510-27-M
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