[Federal Register Volume 85, Number 82 (Tuesday, April 28, 2020)]
[Notices]
[Pages 23532-23533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08901]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Protections for Transit Workers under Section 
5333(b) Urban Program

ACTION: Notice of availability; request for comments.

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SUMMARY: The Department of Labor (DOL) is submitting this Office of 
Labor-Management Standards (OLMS)-sponsored information collection 
request (ICR) to the Office of Management and Budget (OMB) for review 
and approval in accordance with the Paperwork Reduction Act of 1995 
(PRA). Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before May 28, 2020.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
    Comments are invited on: (1) Whether the collection of information 
is necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility; (2) if the information will be processed and used

[[Page 23533]]

in a timely manner; (3) the accuracy of the agency's estimates of the 
burden and cost of the collection of information, including the 
validity of the methodology and assumptions used; (4) ways to enhance 
the quality, utility and clarity of the information collection; and (5) 
ways to minimize the burden of the collection of information on those 
who are to respond, including the use of automated collection 
techniques or other forms of information technology.

FOR FURTHER INFORMATION CONTACT: Frederick Licari by telephone at 202-
693-8073, TTY 202-693-8064, (these are not toll-free numbers) or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: DOL Procedural Guidelines (29 CFR part 215), 
encourage the development of employee protections through local 
negotiations, but establish time frames for certification to expedite 
the process and make it more predictable, while assuring that the 
required protections are in place. Pursuant to the Guidelines, DOL 
refers for review the grant application and the proposed terms and 
conditions to unions representing transit employees in the service area 
of the project and to the applicant and/or subrecipient. No referral is 
made if the application falls under one of the following exceptions: 
(1) Employees in the service area are not represented by a union; (2) 
the grant is for routine replacement items; (3) the grant is for a Job 
Access project serving populations less than 200,000. (29 CFR 215.3). 
Grants where employees in the service area are not represented by a 
union will be certified without referral based on protective terms and 
conditions set forth by DOL. When a grant application is referred to 
the parties, DOL recommends the terms and conditions to serve as the 
basis for certification. The parties have 15 days to inform DOL of any 
objections to the recommended terms including reasons for such 
objections. If no objections are registered and no circumstances exist 
inconsistent with the statue, or if objections are found not 
sufficient, DOL certifies the project on the basis of the recommended 
terms. If DOL determines that the objections are sufficient, the 
Department, as appropriate, will direct the parties to negotiate for up 
to 30 days, limited to issues defined by DOL. If the parties are unable 
to reach agreement within 30 days, DOL will review the final proposals 
and where no circumstances exist inconsistent with the statute, issue 
an interim certification permitting FTA to release funds, provided that 
no action is taken relating to the issues in dispute that would 
irreparably harm employees. Following the interim certification, the 
parties may continue negotiations. If they are unable to reach 
agreement, DOL sets the terms for Final Certification within 60 days. 
DOL may request briefs on the issues in dispute before issuing the 
final certification. Notwithstanding the above, the Department retains 
the right to withhold certification where circumstances inconsistent 
with the statue so warrant until such circumstances have been resolved. 
For additional substantive information about this ICR, see the related 
notice published in the Federal Register on January 23, 2020 (85 FR 
3946).
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless the OMB approves it and displays a currently valid 
OMB Control Number. In addition, notwithstanding any other provisions 
of law, no person shall generally be subject to penalty for failing to 
comply with a collection of information that does not display a valid 
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
    DOL seeks PRA authorization for this information collection for 
three (3) years. OMB authorization for an ICR cannot be for more than 
three (3) years without renewal. The DOL notes that information 
collection requirements submitted to the OMB for existing ICRs receive 
a month-to-month extension while they undergo review.
    Agency: DOL-OLMS.
    Title of Collection: Protections for Transit Workers under Section 
5333(b) Urban Program.
    OMB Control Number: 1245-0006.
    Affected Public: State, Local, and Tribal Governments.
    Total Estimated Number of Respondents: 1,671.
    Total Estimated Number of Responses: 1,671.
    Total Estimated Annual Time Burden: 13,368 hours.
    Total Estimated Annual Other Costs Burden: $0.

    Authority:  44 U.S.C. 3507(a)(1)(D).

     Dated: April 21, 2020.
Frederick Licari,
Departmental Clearance Officer.
[FR Doc. 2020-08901 Filed 4-27-20; 8:45 am]
 BILLING CODE 4510-86-P