[Federal Register Volume 85, Number 165 (Tuesday, August 25, 2020)]
[Notices]
[Pages 52365-52366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18588]


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DEPARTMENT OF LABOR

Wage and Hour Division


Agency Information Collection Activities; Comment Request; 
Information Collections: Davis-Bacon Certified Payroll

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor (DOL) is soliciting comments 
concerning a proposed extension of the information collection request 
(ICR) titled, ``Davis-Bacon Certified Payroll.'' This comment request 
is part of continuing Departmental efforts to reduce paperwork and 
respondent burden in accordance with the Paperwork Reduction Act of 
1995 (PRA). 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. A copy of the proposed information 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 October 26, 2020.

ADDRESSES: You may submit comments identified by Control Number 1235-
0008, by either one of the following

[[Page 52366]]

methods: Email: [email protected]; Mail, Hand Delivery, Courier: 
Division of Regulations, Legislation, and Interpretation, Wage and 
Hour, 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 (OMB) approval of 
the information collection request.

FOR FURTHER INFORMATION CONTACT: Robert Waterman, Division of 
Regulations, Legislation, and Interpretation, 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/TTD callers may 
dial toll-free (877) 889-5627 to obtain information or request 
materials in alternative formats.

SUPPLEMENTARY INFORMATION:

I. Background

    The Davis-Bacon and related Acts (DBRA) require the application of 
Davis-Bacon labor standards to federal and federally assisted 
construction. The Copeland Act (40 U.S.C. 3145) requires the Secretary 
of Labor to prescribe reasonable regulations for contractors and 
subcontractors engaged in construction work subject to Davis-Bacon 
labor standards. While the federal contracting or assistance-
administering agencies have a primary responsibility for enforcement of 
Davis-Bacon labor standards, Reorganization Plan Number 14 of 1950 
assigns to the Secretary of Labor responsibility for developing 
government-wide policies, interpretations and procedures to be observed 
by the contracting and assisting agencies, in order to assure 
coordination of administration and consistency of DBRA enforcement.
    The Copeland Act provision cited above specifically requires the 
regulations to ``include a provision that each contractor and 
subcontractor each week must furnish a statement on the wages paid each 
employee during the prior week.'' This requirement is implemented by 29 
CFR 3.3 and 3.4 and the standard Davis-Bacon contract clauses set forth 
at 29 CFR 5.5. Regulations 29 CFR 5.5(a)(3)(ii)(A) requires contractors 
to submit weekly a copy of all payrolls to the federal agency 
contracting for or financing the construction project. If the agency is 
not a party to the contract, the contractor will submit the payrolls to 
the applicant, sponsor, or owner, as the case may be, for transmission 
to the contracting agency. This same section requires that the payrolls 
submitted shall set out accurately and completely the information 
required to be maintained under 29 CFR 5.5(a)(3)(i), except that full 
social security numbers and home addresses shall not be included on 
weekly transmittals, and instead, the payrolls shall only need to 
include an individually identifying number for each employee (e.g., the 
last four digits of the employee's social security number). The 
required weekly payroll information may be submitted in any form 
desired. Optional Form WH-347 is available for this purpose from the 
Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347.pdf.
    The regulations at 29 CFR 3.3(b) require each contractor to furnish 
weekly a signed ``Statement of Compliance'' accompanying the payroll 
indicating the payrolls are correct and complete and that each laborer 
or mechanic has been paid not less than the proper Davis-Bacon Act 
prevailing wage rate for the work performed. The weekly submission of a 
properly executed certification, with the prescribed language set forth 
on page 2 of Optional Form WH-347, satisfies the requirement for 
submission of the required ``Statement of Compliance''. Id. at 
Sec. Sec.  3.3(b), 3.4(b), and 5.5(a)(3)(ii)(B). Regulations 29 CFR 
3.4(b) and 5.5(a)(3)(i) require contractors to maintain these records 
for three years after completion of the work.

II. Review Focus

    The Department of Labor 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;
     Enhance the quality, utility, and clarity of the 
information to be collected;
     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;
     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 Department of Labor seeks an approval for the extension of this 
information collection in order to ensure effective administration of 
the Davis-Bacon Act.
    Type of Review: Extension.
    Agency: Wage and Hour Division.
    Title: Davis-Bacon Certified Payroll.
    OMB Control Number: 1235-0008.
    Affected Public: Business or other for-profit, Not-for-profit 
institutions, Federal, State, Local, or Tribal Government.
    Total Respondents: 86,898.
    Total Annual Responses: 7,994,616.
    Estimated Total Burden Hours: 7,461,642.
    Estimated Time per Response: Varies with type of request (1.25-20 
minutes).
    Frequency: On occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operation/maintenance): $1,063,373.

    Dated: August 19, 2020.
Amy DeBisschop,
Director, Division of Regulations, Legislation, and Interpretation.
[FR Doc. 2020-18588 Filed 8-24-20; 8:45 am]
BILLING CODE 4510-27-P