[Federal Register Volume 74, Number 230 (Wednesday, December 2, 2009)]
[Notices]
[Pages 63158-63159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28783]


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DEPARTMENT OF LABOR

Wage and Hour Division


Proposed Extension of the Approval of Information Collection 
Requirements

AGENCY: Wage and Hour Division, Labor.

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 Wage and Hour Division is soliciting comments concerning 
its proposal to extend the Office of Management and Budget (OMB) 
approval of the Information Collection: Requests to Approve Conformed 
Wage Classifications and Unconventional Fringe Benefit Plans Under the 
Davis-Bacon and Related Acts and Contract Work Hours and Safety 
Standards Act. A copy of the proposed information collection request 
can be 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 February 1, 2010.

ADDRESSES: You may submit comments, identified by Control Number 1215-
0140, by either one of the following methods:
    E-mail: [email protected].
    Mail, Hand Delivery, Courier: Regulatory Analysis Branch, Wage and 
Hour Division, 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 Office of Management and Budget approval of the 
information collection request.

FOR FURTHER INFORMATION CONTACT: Michel Smyth, Chief, Regulatory 
Analysis Branch, Division of Interpretations and Regulatory Analysis, 
Wage and Hour Division, 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/TDD callers may dial toll-free (877) 889-5627 to obtain 
information or request materials in alternative formats.

SUPPLEMENTARY INFORMATION:
    I. Background: 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. 40 U.S.C. 3142(a)-(b) 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 laborers or mechanics. See 40 U.S.C. 
3702(a) and 29 CFR 5.5(b)(1). The requirements of this information 
collection consist of reports of conformed classifications and wage 
rates and requests for approval of unconventional fringe benefit plans.
    Conformance Reports (29 CFR 5.5(a)(1)(ii)): DBA section 1(a) 
provides

[[Page 63159]]

that every contract subject to the DBA must contain a provision (i.e., 
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. 3142(a) 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 to 
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) is submitted through 
the contracting officer to the DOL for review and approval. 29 CFR 
5.5(a)(1)(ii)(B)-(C).
    The Wage and Hour Division (WHD) of the DOL reviews a proposed 
conformance action report to determine the appropriateness of the 
request. The WHD considers such factors as: (1) The work of the 
proposed classification, which cannot be work that is performed by a 
classification already listed in the wage determination; (2) whether 
the proposed classification is utilized in the area by the construction 
industry; and (3) whether the proposed wages and fringe benefits bear a 
reasonable relationship (i.e., appropriate comparison of skills and 
duties) to the rates contained in the wage determination. See 29 CFR 
5.5(a)(1)(ii)(A). Upon completion of the review, the WHD approves, 
modifies, or disapproves the conformance request and issues a 
determination. See id. at 5.5(a)(1)(ii)(B)-(C).
    Unconventional 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, regulation 29 CFR 5.5(a)(1)(iv) provides for 
contractors to request approval of these unconventional fringe benefit 
plans.
    Taking credit for payments to fringe benefit plans that are not 
bona fide violates the DBA and DBRA. See 29 CFR 5.5(a)(iv). The WHD 
reviews requests for approval of unconventional fringe benefit plans to 
determine the propriety of the plans. Id.
    II. Review Focus: The DOL 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 
submissions of responses.
    III. Current Actions: The DOL seeks the approval of the extension 
of this information collection in order to ensure there is a viable 
method for interested parties to seek approval of wage conformances and 
certain fringe benefit plans under the DBA and DBRA and to allow the 
WHD to carry out its enforcement responsibilities.
    Type of Review: Extension.
    Agency: Wage and Hour Division.
    Titles: Requests to Approve Conformed Wage Classifications and 
Unconventional Fringe Benefit Plans Under the Davis-Bacon and Related 
Acts and Contract Work Hours and Safety Standards Act.
    OMB Number: 1215-0140.
    Agency Numbers: None.
    Affected Public: Businesses or other for-profits.
    Respondents: 2966.
    Total Annual Responses: 2966.
    Estimated Total Burden Hours: 746.
    Estimated Time per Response: 15 to 60 minutes.
    Frequency: On Occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $1391.

    Dated: November 24, 2009.
Michel Smyth,
Regulatory Analysis Branch Chief.
[FR Doc. E9-28783 Filed 12-1-09; 8:45 am]
BILLING CODE 4510-27-P