Extension of Information Collection; Comment Request, 70584-70586 [2013-28261]

Agencies

• DEPARTMENT OF LABOR
• Office of Labor-Management Standards

[Federal Register Volume 78, Number 228 (Tuesday, November 26, 2013)]
[Notices]
[Pages 70584-70586]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28261]


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DEPARTMENT OF LABOR

Office of Labor-Management Standards


Extension of Information Collection; Comment Request

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 pre-clearance 
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 (PRA) [44 U.S.C. 3505(c)(2)(A)]. The program

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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 the 
collection requirements on respondents can be properly assessed. 
Currently, the Office of Labor-Management Standards (OLMS) of the 
Department of Labor (Department) is soliciting comments concerning the 
proposed extension of the collection of information requirements for 
processing applications under 49 U.S.C. 5333(b), the Federal Transit 
Law. A copy of the proposed information collection request can be 
obtained by contacting the office listed below in the addresses section 
of this Notice.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before January 27, 2014.

ADDRESSES: Andrew R. Davis, Chief of the Division of Interpretations 
and Standards, Office of Labor-Management Standards, U.S. Department of 
Labor, 200 Constitution Avenue NW., Room N-5609, Washington, DC 20210, 
olms-public@dol.gov, (202) 693-0123 (this is not a toll-free number), 
(800) 877-8339 (TTY/TDD).
    Please use only one method of transmission (mail or Email) to 
submit comments or to request a copy of this information collection and 
its supporting documentation; including a description of the likely 
respondents, proposed frequency of response, and estimated total 
burden.

SUPPLEMENTARY INFORMATION: 
    I. Background: 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.
    II. Review Focus: The Department 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;
     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;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     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 submission of responses.
    III. Current Actions: The Department seeks extension of the current 
approval to collect this information. An extension is necessary 
because, if the information is not collected, DOL will be unable to 
determine that arrangements are ``fair and equitable' concerning the 
rights of affected transit employees. The information collected by OLMS 
is used to certify projects and allow funds to reach the applying 
transit agencies, which would prevent a reduction in services for the 
public and work for employees.
    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 C.F.R. Sec.  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.
    Type of Review: Extension
    Agency: Office of Labor-Management Standards.
    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: 2,294.
    Total Estimated Number of Responses: 2,294.

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    Total Estimated Annual Burden Hours: 18,352.
    Total Estimated Annual Other Costs Burden: $0.
    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.

    Dated: November 19, 2013.
Andrew R. Davis,
Chief of the Division of Interpretations and Standards, Office of 
Labor-Management Standards, U.S. Department of Labor.
[FR Doc. 2013-28261 Filed 11-25-13; 8:45 am]
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