[Federal Register Volume 72, Number 40 (Thursday, March 1, 2007)]
[Notices]
[Pages 9361-9362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3547]


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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: <a href="/cdn-cgi/l/email-protection#52393b3c357c363320203b3c12363d3e7c353d24"><span class="__cf_email__" data-cfemail="fa9193949dd49e9b88889394ba9e9596d49d958c">[email protected]</span></a>.
    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:
    <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 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 Davis-Bacon 
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

[[Page 9362]]

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.

----------------------------------------------------------------------------------------------------------------
                                                                  Estimated
                                                                  number of         Average         Estimated
                         Form/letter                                annual       response time    annual burden
                                                                  responses                           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


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