[Federal Register Volume 62, Number 229 (Friday, November 28, 1997)]
[Notices]
[Pages 63390-63391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31238]


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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