Agency Information Collection Activities; Comment Request; Information Collections Application of the Employee Polygraph Protection Act, 91956-91957 [2016-30452]

Download as PDF sradovich on DSK3GMQ082PROD with NOTICES 91956 Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices Authority of the President Under the Rehabilitation Act of 1973, section 2 authorize this information collection. See 29 U.S.C. 793 and E.O. 11758 section 2. 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 it is approved by the OMB under the PRA 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 Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1250–0002. OMB authorization for an ICR cannot be for more than three (3) years without renewal, and the current approval for this collection is scheduled to expire on January 31, 2016. The DOL seeks to extend PRA authorization for this information collection for three (3) more years, without any change to existing requirements. The DOL notes that existing information collection requirements submitted to the OMB receive a month-to-month extension while they undergo review. For additional substantive information about this ICR, see the related notice published in the Federal Register on August 26, 2016. Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within thirty (30) days of publication of this notice in the Federal Register. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1250–0005. The OMB is particularly interested in comments that: • 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, VerDate Sep<11>2014 20:55 Dec 16, 2016 Jkt 241001 electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Agency: DOL–OFCCP. Title of Collection: Office of Federal Contract Compliance Programs Recordkeeping and Reporting Requirements Under Rehabilitation Act of 1973, as Amended Section 503. OMB Control Number: 1250–0005. Affected Public: Individuals or Households; Private Sector—businesses and other for-profits, farms, and not-forprofit institutions. Total Estimated Number of Respondents: 41,814,991. Total Estimated Number of Responses: 41,814,991. Total Estimated Annual Time Burden: 4,392,369 hours. Total Estimated Annual Other Costs Burden: $150,282,664. Dated: December 13, 2016. Authority: 44 U.S.C. 3507(a)(1)(D). Michel Smyth, Departmental Clearance Officer. [FR Doc. 2016–30454 Filed 12–16–16; 8:45 am] BILLING CODE 4510–CM–P DEPARTMENT OF LABOR Wage and Hour Division Agency Information Collection Activities; Comment Request; Information Collections Application of the Employee Polygraph Protection Act Wage and Hour Division, Department of Labor. ACTION: Notice. AGENCY: The Department of Labor (DOL) is soliciting comments concerning a proposed extension to the information collection request (ICR) titled, ‘‘Application of the Employee Polygraph Protection Act.’’ 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. SUMMARY: PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 Written comments must be submitted to the office listed in the ADDRESSES section below on or before February 17, 2017. ADDRESSES: You may submit comments identified by Control Number 1235– 0005, by either one of the following methods: Email: 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 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, Compliance Specialist, 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 Wage and Hour Division (WHD) of the Department of Labor (DOL) administers the Employee Polygraph Protection Act of 1988 (EPPA), 29 U.S.C. 2001 et seq. The EPPA prohibits most private employers from using any lie detector tests either for pre-employment screening or during the course of employment. The Act contains an exemption applicable to Federal, State and local government employers. The EPPA also contains several limited exemptions authorizing polygraph tests under certain conditions, including testing: (1) By the Federal Government of experts, consultants, or employees of Federal contractors engaged in national security intelligence or counterintelligence DATES: E:\FR\FM\19DEN1.SGM 19DEN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices functions; (2) of employees the employer reasonably suspects of involvement in a workplace incident resulting in economic loss or injury to the employer’s business; (3) of some prospective employees of private armored cars, security alarm and security guard firms; and (4) of some current and prospective employees of certain firms authorized to manufacture, distribute, or dispense controlled substances. The WHD may assess civil money penalties of up to $19,787 against employers who violate any EPPA provision. This amount increases annually due to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. On November 2, 2015, President Obama signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 to advance the effectiveness of civil money penalties and to strengthen their deterrent effect. Outdated penalties are a problem because civil penalties are less effective when they do not keep pace with the cost of living. The new law directs agencies across the federal government to adjust their penalties for inflation each year in January. 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 Employee Polygraph Protection Act. Type of Review: Extension. Agency: Wage and Hour Division. Title: Application of the Employee Polygraph Protection Act. OMB Number: 1235–0005. VerDate Sep<11>2014 20:55 Dec 16, 2016 Jkt 241001 Affected Public: Business or other forprofit, Not-for-profit institutions, Farms, State, Local, or Tribal Government. Total Respondents: 593,400. Total Annual Responses: 593,400. Estimated Total Burden Hours: 68,739. Estimated Time per Response: 30–45 minutes. Frequency: On occasion. Total Burden Cost (capital/startup): $0. Total Burden Cost (operation/ maintenance): $0. Dated: December 12, 2016. Melissa Smith, Director, Division of Regulations, Legislation and Interpretation. [FR Doc. 2016–30452 Filed 12–16–16; 8:45 am] BILLING CODE 4510–27–P 91957 concerning the proposed extension of the Application for Mediation Services and is interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the agency; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the agency enhance the quality, utility, and clarity of the information to be collected; and (5) how might the agency minimize the burden of this collection on the respondents, including through the use of information technology. Dated: December 13, 2016. Samantha Jones, Assistant Chief of Staff, Administration, National Mediation Board. Application for Mediation Services NATIONAL MEDIATION BOARD Notice of Proposed Information Collection Requests National Mediation Board. The Assistant Chief of Staff, Administration invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments within 30 days from the date of this publication. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (U.S.C. Chapter 35) requires that the Office of Management and Budget (OMB) provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency’s ability to perform its statutory obligations. The Assistant Chief of Staff, Administration publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection contains the following: (1) Type of review requested, e.g. new, revision extension, existing or reinstatement; (2) Title; (3) Summary of the collection; (4) Description of the need for, and proposed use of, the information; (5) Respondents and frequency of collection; and (6) Reporting and/or Record keeping burden. OMB invites public comment. Currently, the National Mediation Board is soliciting comments AGENCY: SUMMARY: PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 Type of Review: Extension. Title: Application for Mediation Services, OMB Number: 3140–0002. Frequency: On occasion. Affected Public: Carrier and Union Officials, and employees of railroads and airlines. Reporting and Recordkeeping Hour Burden: Responses: 50 annually. Burden Hours: 12.50. Abstract: Section 5, First of the Railway Labor Act, 45 U.S.C., 155, First, provides that both, or either, of the parties to the labor-management dispute may invoke the mediation services of the National Mediation Board. Congress has determined that it is in the nation’s best interest to provide for governmental mediation as the primary dispute resolution mechanism to resolve labormanagement disputes in the railroad and airline industries. The Railway Labor Act is silent as to how the invocation of mediation is to be accomplished and the Board has not promulgated regulations requiring any specific vehicle. Nonetheless, 29 CFR1203.1 provides that applications for mediation services be made on printed forms which may be secured from the National Mediation Board. This section of the regulations provides that applications should be submitted in duplicate, show the exact nature of the dispute, the number of employees involved, name of the carrier and name of the labor organization, date of agreement between the parties, date and copy of notice served by the invoking party to the other and date of final conference between the parties. The application should be signed by the highest officer of the carrier who has been designated to handle disputes under the Railway Labor Act or by the chief executive of the labor E:\FR\FM\19DEN1.SGM 19DEN1

Agencies

[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)]
[Notices]
[Pages 91956-91957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30452]


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DEPARTMENT OF LABOR

Wage and Hour Division


Agency Information Collection Activities; Comment Request; 
Information Collections Application of the Employee Polygraph 
Protection Act

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Labor (DOL) is soliciting comments 
concerning a proposed extension to the information collection request 
(ICR) titled, ``Application of the Employee Polygraph Protection Act.'' 
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 February 17, 2017.

ADDRESSES: You may submit comments identified by Control Number 1235-
0005, by either one of the following methods: Email: 
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 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, Compliance 
Specialist, 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 Wage and Hour Division (WHD) of the Department 
of Labor (DOL) administers the Employee Polygraph Protection Act of 
1988 (EPPA), 29 U.S.C. 2001 et seq. The EPPA prohibits most private 
employers from using any lie detector tests either for pre-employment 
screening or during the course of employment. The Act contains an 
exemption applicable to Federal, State and local government employers. 
The EPPA also contains several limited exemptions authorizing polygraph 
tests under certain conditions, including testing: (1) By the Federal 
Government of experts, consultants, or employees of Federal contractors 
engaged in national security intelligence or counterintelligence

[[Page 91957]]

functions; (2) of employees the employer reasonably suspects of 
involvement in a workplace incident resulting in economic loss or 
injury to the employer's business; (3) of some prospective employees of 
private armored cars, security alarm and security guard firms; and (4) 
of some current and prospective employees of certain firms authorized 
to manufacture, distribute, or dispense controlled substances. The WHD 
may assess civil money penalties of up to $19,787 against employers who 
violate any EPPA provision. This amount increases annually due to the 
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 
2015. On November 2, 2015, President Obama signed into law the Federal 
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 to 
advance the effectiveness of civil money penalties and to strengthen 
their deterrent effect. Outdated penalties are a problem because civil 
penalties are less effective when they do not keep pace with the cost 
of living. The new law directs agencies across the federal government 
to adjust their penalties for inflation each year in January.
    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 Employee Polygraph Protection Act.
    Type of Review: Extension.
    Agency: Wage and Hour Division.
    Title: Application of the Employee Polygraph Protection Act.
    OMB Number: 1235-0005.
    Affected Public: Business or other for-profit, Not-for-profit 
institutions, Farms, State, Local, or Tribal Government.
    Total Respondents: 593,400.
    Total Annual Responses: 593,400.
    Estimated Total Burden Hours: 68,739.
    Estimated Time per Response: 30-45 minutes.
    Frequency: On occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operation/maintenance): $0.

    Dated: December 12, 2016.
Melissa Smith,
Director, Division of Regulations, Legislation and Interpretation.
[FR Doc. 2016-30452 Filed 12-16-16; 8:45 am]
 BILLING CODE 4510-27-P