[Federal Register Volume 76, Number 152 (Monday, August 8, 2011)]
[Notices]
[Pages 48181-48182]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19999]
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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, Department of 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. 3056(c)(2)(A). This program helps to
ensure that requested data can be provided in a 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 Office of Management and Budget (OMB) approval
of the Information Collection: Davis-Bacon Certified Payroll. 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 7, 2011.
ADDRESSES: You may submit comments identified by Control Number 1235-
0008, by either one of the following methods: E-mail:
WHDPRAComments@dol.gov; 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
[[Page 48182]]
receiving mail in the Washington, DC area, commenters are strongly
encouraged to transmit their comments electronically via e-mail 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 OMB approval of the
information collection request.
FOR FURTHER INFORMATION CONTACT: Mary Ziegler, Director, Division of
Regulations, Legislation, and Interpretation, Wage and Hour, 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 Web site at http://www.dol.gov/whd/forms/wh347.pdf.
Regulations 29 CFR 3.3(b) requires 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
(DBA) 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 DOL seeks an approval for the extension
of this information collection requirement that contractors and
subcontractors on Federal and Federally assisted construction subject
to DBRA labor standards submit weekly certified payrolls in accordance
with the statutory, regulatory, and contractual requirements discussed
herein.
Type of Review: Extension.
Agency: Wage and Hour Division.
Title: Davis-Bacon Certified Payroll.
OMB Number: 1235-0008.
Affected Public: Business or other for-profit; Federal Government;
and State, Local, or Tribal Government.
Total Respondents: 96,096.
Total Annual Responses: 2,210,208.
Estimated Total Burden Hours: 2,062,861.
Estimated Time per Response: 56 minutes.
Frequency: Weekly.
Total Burden Cost (Capital/Startup): $48,580,377.
Total Burden Costs (Operation/Maintenance): $280,697.
Dated: August 1, 2011.
Mary Ziegler,
Director, Division of Regulations, Legislation, and Interpretation.
[FR Doc. 2011-19999 Filed 8-5-11; 8:45 am]
BILLING CODE 4510-27-P