[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Pages 78998-78999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27947]


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DEPARTMENT OF LABOR

Office of Labor-Management Standards


Agency Information Collection Activities; Comment Request; 
Federal Transit Act Urban Program Transit Worker Protections

ACTION: Notice; request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (PRA), 
the DOL is soliciting public comments regarding the extension of this 
Office of Labor-Management Standards (OLMS)-sponsored information 
collection for the authority to continue the information collection 
request (ICR) titled, ``Protections for Transit Workers under Section 
5333(b) Urban Program,'' currently approved under OMB Control Number 
1245-0006.

DATES: Consideration will be given to all written comments received by 
February 21, 2023.

ADDRESSES: A copy of this ICR with applicable supporting documentation, 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden, may be obtained free by 
contacting Karen Torre, Chief of the Division of Interpretations and 
Regulations, Office of Labor-Management Standards, U.S. Department of 
Labor, 200 Constitution Avenue NW, Room N-5609, Washington, DC 20210, 
[email protected], (202) 693-0123 (this is not a toll-free number), 
(800) 877-8339 (TTY/TDD).
    Electronic submission: You may submit comments and attachments 
electronically at [email protected], identified by OMB Control Number 
1245-0006.
    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 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

[[Page 78999]]

collection of information on those who are to respond, including the 
use of automated collection techniques or other forms of information 
technology. Comments submitted in response to this notice will be 
summarized and/or included in the request for the Office of Management 
and Budget (OMB) approval of the information collection request; they 
will also become a matter of public record.

FOR FURTHER INFORMATION CONTACT: Karen Torre by telephone at 202-693-
0123, or by email at [email protected].

SUPPLEMENTARY INFORMATION: Under 49 U.S.C. 5333(b), when Federal funds 
are used to acquire, improve, or operate a transit system, the 
Department must ensure that the recipient of those funds establishes 
arrangements to protect the rights of affected transit employees. 
Federal law requires such arrangements to be ``fair and equitable,'' 
and the Department of Labor (DOL or ``the Department'') must certify 
the arrangements before the U.S. Department of Transportation's Federal 
Transit Administration (FTA) can award certain funds to grantees. These 
employee protective arrangements must include provisions that may be 
necessary for the preservation of rights, privileges, and benefits 
under existing collective bargaining agreements or otherwise; the 
continuation of collective bargaining rights; the protection of 
individual employees against a worsening of their positions related to 
employment; assurances of employment to employees of acquired 
transportation systems; assurances of priority of reemployment of 
employees whose employment is ended or who are laid off; and paid 
training or retraining programs. 49 U.S.C. 5333(b)(2). Pursuant to 29 
CFR part 215, upon receipt of copies of applications for Federal 
assistance subject to 49 U.S.C. 5333(b) from the FTA, together with a 
request for the certification of employee protective arrangements from 
the Department of Labor, DOL will process those applications. The FTA 
will provide the Department with the information necessary to enable 
the Department to process employee protections for certification of the 
project.
    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 sub-recipient. 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.
    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.
    Type of Review: Extension.
    Title of Collection: Protections for Transit Workers under Section 
5333(b) Urban Program.
    OMB Control Number: 1245-0006.
    Form: N/A.
    Affected Public: State, Local, and Tribal Governments; Labor 
Organizations; Transit Workers.
    Total Estimated Number of Respondents: 1,500.
    Frequency: Varies.
    Total Estimated Number of Responses: 1,500.
    Estimated Average Time per Response: 4 hours.
    Total Estimated Annual Time Burden: 6,000 hours.
    Total Estimated Annual Other Costs Burden: $0.

(Authority: 44 U.S.C. 3506(c)(2)(A)).

Karen Torre,
Chief of the Division of Interpretations and Regulations, Office of 
Labor-Management Standards, U.S. Department of Labor.
[FR Doc. 2022-27947 Filed 12-22-22; 8:45 am]
BILLING CODE 4510-86-P