[Federal Register Volume 87, Number 115 (Wednesday, June 15, 2022)]
[Notices]
[Pages 36152-36153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12918]


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DEPARTMENT OF LABOR

Wage and Hour Division


Agency Information Collection Activities; Comment Request; Report 
of Construction Contractor's Wage Rates

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor (the Department) is soliciting 
comments concerning a proposed revision of the information collection 
request (ICR) titled ``Report of Construction Contractor's Wage 
Rates,'' which describes the WD-10 form and its use in wage surveys to 
implement the prevailing wage requirements of the Davis-Bacon and 
Related Acts. The Department is proposing to revise the WD-10 form and 
create a new WD-10A pre-survey form that will be used to identify 
potential respondents to the WD-10. 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). 
The PRA process 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 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 August 15, 2022.

ADDRESSES: You may submit comments identified by Control Number 1235-
0015, by either one of the following methods: Email: 
[email protected]; Mail, Hand Delivery, Courier: 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.
    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 (Rich Text Format (RTF) or text format (txt), a thumb drive, an 
MP3 file, large print, braille, audiotape, compact disc, or other 
accessible format), 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 Act (DBA), as enacted in 1931 and 
subsequently amended, requires the payment of minimum prevailing wages 
determined by the Department of Labor to laborers and mechanics working 
on federal contracts in excess of $2,000 for the construction, 
alteration, or repair, including painting and decorating, of public 
buildings and public works. See 40 U.S.C. 3141 et seq. Congress has 
also included the Davis-Bacon requirements in numerous other laws, 
known as the Davis-Bacon Related Acts (the Related Acts and, 
collectively with the Davis-Bacon Act, the DBRA), which provide federal 
assistance for construction projects through grants, loans, loan 
guarantees, insurance, and other methods.
    The DBA delegates to the Secretary of Labor the responsibility to 
determine the wage rates that are ``prevailing'' for each 
classification of covered laborers and mechanics on similar projects 
``in the civil subdivision of the State in which the work is to be 
performed.'' 40 U.S.C. 3142(b). The Administrator of the Wage and Hour 
Division, through this delegation of authority, is responsible for 
issuing these wage determinations (WDs). The DBA implementing 
regulations provide that, for the purpose of making WDs, the 
Administrator will conduct a continuing program for obtaining and 
compiling wage rate information. 29 CFR 1.3. As part of this program, 
the Administrator developed the WD-10 form to solicit information that 
is used to determine locally

[[Page 36153]]

prevailing wages under the Davis-Bacon and Related Acts. The wage-data 
collection using the WD-10 form is a primary source of information and 
is essential to the determination of prevailing wages. The current WD-
10 information collection, 1235-0015, has been approved by the Office 
of Management and Budget (OMB) and is currently approved for use 
through March 2024.
    The Department is now proposing changes to the WD-10 form to 
improve the overall efficiency of the DBA survey process. The proposed 
changes aim to streamline the collection of data required for the 
survey and make the collection less burdensome for respondents. The 
revised WD-10 form, as proposed, contains questions and requests for 
information that are arranged in a manner that allows respondents to 
quickly gather and report information necessary for the Wage and Hour 
Division to properly determine and publish prevailing wage rates. For 
example, on the proposed WD-10 form, the respondent will no longer be 
asked to determine a peak week(s) of construction for reported 
projects, identify the project value, or identify contractors or 
subcontractors on the project. Additionally, the proposed form uses a 
``picklist'' of labor classifications from which a respondent may 
choose, rather than requiring the respondent to manually enter the 
labor classification into an open text field. These proposed changes to 
the WD-10 form, among others, are designed to increase the ease of 
participating in a survey and solicit more usable wage data to issue 
more comprehensive wage determinations.
    The Department also proposes to add a new WD-10A collection 
instrument, which will be a companion form to the WD-10 form. This 
collection instrument will be used pre-survey to identify potential 
respondents that performed construction work within the survey period 
in the survey area, which will enable the Department to solicit for 
survey participation. This pre-survey information requests will better 
identify additional contractors that performed construction work in the 
survey area. A complete listing of the proposed changes to the 
information collection is posted on the Department's website at: 
https://www.dol.gov/agencies/whd/government-contracts/construction/surveys/wd10pra.
    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 approval for a 
revision of this information collection in order to ensure effective 
administration of construction contractor wage rate programs.
    Type of Review: Revision.
    Agency: Wage and Hour Division.
    Title: Report of Construction Contractor's Wage Rates.
    OMB Control Number: 1235-0015.
    Affected Public: Business or other for-profit, Not-for-profit 
institutions, Federal, State, Local, or Tribal Government.
    Agency Numbers: Forms WD-10; WD-10A.
    Total Respondents: 3,641.
    Total Annual Responses: 21,939.
    Estimated Total Burden Hours: 7,161.
    Estimated Time per Response: WD-10--20 minutes; WD-10A--10 minutes.
    Frequency: On occasion.

    Dated: June 10, 2022.
Amy DeBisschop,
Director, Division of Regulations, Legislation, and Interpretation.
[FR Doc. 2022-12918 Filed 6-14-22; 8:45 am]
BILLING CODE 4510-27-P