Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Notices 9361 

• 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: Employee Benefits Security 

Administration. 

Type of Review: Extension without 

change of currently approved collection. 

Title: PTE 88–59—Residential 

Mortgage Financing Arrangements 

Involving Employee Benefit Plans. 

OMB Number: 1210–0095. 

Type of Response: Recordkeeping and 

Third party disclosure. 

Affected Public: Private Sector: 

Business or other for-profits. 

Estimated Number of Respondents: 

1,785. 

Estimated Number of Annual 

Responses: 8,925. 

Estimated Total Burden Hours: 744. 

Estimated Total Annualized capital/ 

startup costs: $0. 

Estimated Total Annual Costs 

(operating/maintaining systems or 

purchasing services): $0. 

Description: Prohibited Transaction 

Exemption (PTE) 88–59 provides an 

exemption from certain prohibited 

transaction provisions of the 

Employment Retirement Income 

Security Act of 1974 and from certain 

taxes imposed by the Internal Revenue 

Code of 1986 for transactions in which 

an employee benefit plan provides 

mortgage financing to purchasers of 

residential dwelling units, provided 

specified conditions are met. Among 

other conditions, PTE 88–59 requires 

that adequate records pertaining to 

exempted transactions be maintained 

for the duration of the pertinent loan. 

Darrin A. King, 

Acting Departmental Clearance Officer. 

[FR Doc. E7–3546 Filed 2–28–07; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Submission for OMB Review: 

Comment Request 

February 15, 2007. 

The Department of Labor (DOL) has 

submitted the following public 

information collection requests (ICR) to 

the Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act of 1995 (Pub. L. 104–13, 

44 U.S.C. chapter 35). A copy of each 

ICR, with applicable supporting 

documentation, may be obtained from 

RegInfo.gov at http://www.reginfo.gov/ 

public/do/PRAMain or by contacting 

Darrin King on 202–693–4129 (this is 

not a toll-free number)/e-mail: 

king.darrin@dol.gov. 

Comments should be sent to Office of 

Information and Regulatory Affairs, 

Attn: OMB Desk Officer for the 

Employment Standards Administration 

(ESA), Office of Management and 

Budget, Room 10235, Washington, DC 

20503, Telephone: 202–395–7316/Fax: 

202–395–6974 (these are not a toll-free 

numbers), within 30 days from the date 

of this publication in the Federal 

Register. 

The OMB 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; 

• 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: Employment Standards 

Administration. 

Type of Review: Extension without 

change of currently approved collection. 

Title: Certification By School Official. 

OMB Number: 1215–0061. 

Form Number: CM–981. 

Frequency: Annually. 

Type of Response: Reporting. 

Affected Public: Individuals or 

households. 

Estimated Number of Respondents: 

400. 

Estimated Number of Annual 

Responses: 400. 

Estimated Average Response Time: 10 

minutes. 

Estimated Total Annual Burden 

Hours: 67. 

Total Estimated Annualized capital/ 

startup costs: $0. 

Total Estimated Annual Costs 

(operating/maintaining systems or 

purchasing services): $0. 

Description: CM–981 is completed by 

a school official to verify whether a 

Black Lung beneficiary’s dependent, 

aged 18 to 23, qualifies as a full-time 

student. 

Agency: Employment Standards 

Administration. 

Type of Review: Extension without 

change of currently approved collection. 

Title: Davis-Bacon and Related Acts/ 

Contract Work Hours and Safety 

Standards Act Reporting 

Requirements—Regulations, 29 CFR 

part 5. 

OMB Number: 1215–0140. 

Frequency: On occasion. 

Type of Response: Reporting. 

Affected Public: Business and other 

for-profit and Federal Government. 

Estimated Number of Respondents: 

3,006. 

Estimated Number of Annual 

Responses: 3,006. 

Estimated Average Response Time: 15 

minutes for conformance reports and 1 

hour for requests to approve unfunded 

fringe benefit plans. 

Estimated Total Annual Burden 

Hours: 756. 

Total Annualized capital/startup 

costs: $0. 

Total Annual Costs (operating/ 

maintaining systems or purchasing 

services): $1,263. 

Description: Regulations 29 CFR Part 

5 prescribe labor standards for federally 

financed and assisted construction 

contracts subject to the Davis-Bacon Act 

(DBA), 40 U.S.C. 3141 et seq., the DavisBacon Related Acts (DBRA), and labor 

standards for all contracts subject to the 

Contract Work Hours and Safety 

Standards Act (CWHSSA), 40 U.S.C. 

3701 et seq. The DBA and DBRA require 

payment of locally prevailing wages and 

fringe benefits, as determined by the 

Department of Labor (DOL), to laborers 

and mechanics on most federally 

financed or assisted construction 

projects. See 40 U.S.C. 3142(a) and 29 

CFR 5.5(a)(1). The CWHSSA requires 

the payment of one and one-half times 

the basic rate of pay for hours worked 

over forty in a week on most federal 

contracts involving the employment of 


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9362 Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Notices 

laborers or mechanics. See 40 U.S.C. 

3702(c) and 29 CFR 5.5(b)(1). The 

requirements of this information 

collection consist of: (A) reports of 

conformed classifications and wage 

rates, and (B) requests for approval of 

unfunded fringe benefit plans. 

A. Conformance Reports (29 CFR 

5.5(a)(1)(ii)): DBA section 1(a) provides 

that every contract subject to the DBA 

must contain a provision (a wage 

determination) stating the minimum 

wages and fringe benefits to be paid the 

various classes of laborers and 

mechanics employed on the contract. 

See 40 U.S.C. 3141(c)(1) and 29 CFR 

5.5(a)(1)(i). This requirement 

necessitates a method for establishing 

minimum rates for classes of employees 

omitted from wage determinations, 

primarily due to wage data being 

unavailable; therefore, regulations 29 

CFR 5.5(a)(1)(ii) requires that any class 

of laborer or mechanic not listed in the 

wage determination that is to be 

employed under the contract shall be 

classified in conformance with the wage 

determination. A report of the 

conformance action (or, where there is 

disagreement among the parties, the 

questions and views of all parties) shall 

be submitted through the contracting 

officer to DOL for review and approval. 

29 CFR 5.5(a)(3)(i). 

B. Unfunded Fringe Benefit Plans (29 

CFR 5.5(a)(1)(iv)): The DBA provides 

that ‘‘wages’’ may include ‘‘costs to the 

contractor or subcontractor which may 

be reasonably anticipated in providing 

benefits to laborers or mechanics 

pursuant to an enforceable commitment 

to carry out a financially responsible 

plan or program.’’ 40 U.S.C. 

3141(2)(B)(ii). Where a benefit plan is 

not of the conventional type described 

in the DBA and/or common in the 

construction industry that is established 

under a customary fund or program, it 

is necessary to determine from the 

circumstances whether the benefit is 

bona fide, as required by the DBA; thus, 

regulations 29 CFR 5.5(a)(1)(iv) provides 

for contractors to request approval of 

unfunded fringe benefit plans. 

Agency: Employment Standards 

Administration. 

Type of Review: Extension without 

change of currently approved collection. 

Title: Claim for Compensation by 

Dependents Information Reports. 

OMB Number: 1215–0155. 

Frequency: On occasion and 

Annually. 

Type of Response: Reporting. 

Affected Public: Individuals or 

households. 

Estimated Number of Respondents: 

1,880. 

Form/letter 

Estimated number of annual 

responses 

Average response time 

Estimated annual burden 

hours 

CA–5 ...................................................................................................................................... 150 90 225 

CA–5b .................................................................................................................................... 20 90 30 

CA–1031 ................................................................................................................................ 150 15 37 

CA–1074 ................................................................................................................................ 10 60 10 

Student/Dependency ............................................................................................................. 1,050 30 525 

Comp Due at Death ............................................................................................................... 500 30 250 

Total ................................................................................................................................ 1,880 .......................... 1,077 

Total Annualized capital/startup 

costs: $0. 

Total Annual Costs (operating/ 

maintaining systems or purchasing 

services): $452. 

Description: These reports request 

information from the survivors of 

deceased Federal employees which 

verify dependents status when making a 

claim for benefits and on a periodic 

basis in accepted claims. Some of the 

forms are used to obtain information on 

claimed dependents in disability cases. 

Darrin A. King, 

Acting Departmental Clearance Officer. 

[FR Doc. E7–3547 Filed 2–28–07; 8:45 am] 

BILLING CODE 4510–CN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Request for Certification of 

Compliance—Rural Industrialization 

Loan and Grant Program 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: The Employment and 

Training Administration is issuing this 

notice to announce the receipt of a 

‘‘Certification of Non-Relocation and 

Market and Capacity Information 

Report’’ (Form 4279–2) for the 

following: 

Applicant/Location: Hope Lake 

Investors, LLC/Cortland, New York. 

Principal Product: The loan, 

guarantee, or grant application is to 

finance the building of a hotel with 

health spa, water park, and restaurant. 

The NAICS industry codes for this 

enterprise are: 721110 Hotels (except 

Casino Hotels) and Motels; 713110 

Amusement and Theme Parks; and, 

722110 Full-Service Restaurants. 

DATES: All interested parties may submit 

comments in writing no later than 

March 15, 2007. Copies of adverse 

comments received will be forwarded to 

the applicant noted above. 

ADDRESSES: Address all comments 

concerning this notice to Anthony D. 

Dais, U.S. Department of Labor, 

Employment and Training 

Administration, 200 Constitution 

Avenue, NW., Room S–4231, 

Washington, DC 20210; or e-mail 

Dais.Anthony@dol.gov; or transmit via 

fax 202–693–3015 (this is not a toll-free 

number). 

FOR FURTHER INFORMATION CONTACT: 

Anthony D. Dais, at telephone number 

(202) 693–2784 (this is not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: Section 

188 of the Consolidated Farm and Rural 

Development Act of 1972, as established 

under 29 CFR part 75, authorizes the 

United States Department of Agriculture 

(USDA) to make or guarantee loans or 

grants to finance industrial and business 

activities in rural areas. The Secretary of 

Labor must review the application for 

financial assistance for the purpose of 

certifying to the Secretary of Agriculture 

that the assistance is not calculated, or 

likely, to result in: (a) A transfer of any 

employment or business activity from 

one area to another by the loan 

applicant’s business operation; or, (b) 

An increase in the production of goods, 

materials, services, or facilities in an 

area where there is not sufficient 

demand to employ the efficient capacity 

of existing competitive enterprises 

unless the financial assistance will not 

have an adverse impact on existing 

competitive enterprises in the area. The 

Employment and Training 


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