Agency Information Collection Activities; Comment Request; Information Collections: “Labor Standards for Federal Service Contacts Regulation 29 CFR Part 4”, 22903-22904 [2019-10389]
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Federal Register / Vol. 84, No. 97 / Monday, May 20, 2019 / Notices
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,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Agency: DOL–OS.
Title of Collection: Cascades Job Corps
College and Career Academy Pilot
Program Evaluation.
OMB ICR Reference Number: 201902–
1290–001.
Affected Public: Individuals or
Households.
Total Estimated Number of
Respondents: 267.
Total Estimated Number of
Responses: 267.
Total Estimated Annual Time Burden:
156 hours.
Total Estimated Annual Other Costs
Burden: $0.
Authority: 44 U.S.C. 3507(a)(1)(D).
Dated: May 13, 2019.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2019–10381 Filed 5–17–19; 8:45 am]
BILLING CODE 4510–HX–P
DEPARTMENT OF LABOR
Wage and Hour Division
Agency Information Collection
Activities; Comment Request;
Information Collections: ‘‘Labor
Standards for Federal Service
Contacts Regulation 29 CFR Part 4’’
Wage and Hour Division,
Department of Labor.
ACTION: Notice.
khammond on DSKBBV9HB2PROD with NOTICES
AGENCY:
The Department of Labor
(DOL) is soliciting comments
concerning a proposed extension of the
information collection request (ICR)
titled, ‘‘Labor Standards for Federal
Service Contacts Regulation 29 CFR part
SUMMARY:
VerDate Sep<11>2014
16:41 May 17, 2019
Jkt 247001
4.’’ 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
July 19, 2019.
ADDRESSES: You may submit comments
identified by Control Number 1235–
0007, 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 OMB
approval of the information collection
request.
FOR FURTHER INFORMATION CONTACT:
Amy DeBisschop, Acting 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 tollfree (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
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
22903
Labor administers the McNamaraO’Hara Service Contract Act (SCA), 41
U.S.C. 351 et seq. The McNamaraO’Hara Service Contract Act (SCA)
applies to every contract entered into by
the United States or the District of
Columbia, the principal purpose of
which is to furnish services to the
United States through the use of service
employees. The SCA requires
contractors and subcontractors
performing services on covered federal
or District of Columbia contracts in
excess of $2,500 to pay service
employees in various classes no less
than the monetary wage rates and to
furnish fringe benefits found prevailing
in the locality, or the rates (including
prospective increases) contained in a
predecessor contractor’s collective
bargaining agreement. Safety and health
standards also apply to such contracts.
The compensation requirements of the
SCA are enforced by the Wage and Hour
Division.
A. Vacation Benefit Seniority List
Service Contract Act section 2(a),
provides that every contract subject to
the Act must contain a provision
specifying the minimum monetary
wages and fringe benefits to be paid to
the various classes of service employees
performing work on the contract. Many
wage determinations (WDs) issued for
recurring services performed at the same
Federal facility provide for certain
vested fringe benefits (e.g., vacations),
which are based on the employee’s total
length of service with a contractor or
any predecessor contractor. See 29 CFR
4.162. When found to prevail, such
fringe benefits are incorporated in WDs
and are usually stated as ‘‘one week
paid vacation after one year’s service
with a contractor or successor, two
weeks after two years’’, etc. These
provisions ensure that employees
receive the vacation benefit payments
that they have earned and accrued by
requiring that such payments be made
by successor contractors who hire the
same employees who have worked over
the years at the same facility in the same
locality for predecessor contractors
B. Conformance Record
Section 2(a) of the SCA provides that
every contract subject to the Act must
contain a provision specifying the
minimum monetary wage and fringe
benefits to be paid the various classes of
service employees employed on the
contract work. See 41 U.S.C. 351, et seq.
Problems sometimes arise (1) when
employees are working on service
contracts in job classifications that DOL
was not previously informed about and
E:\FR\FM\20MYN1.SGM
20MYN1
22904
Federal Register / Vol. 84, No. 97 / Monday, May 20, 2019 / Notices
khammond on DSKBBV9HB2PROD with NOTICES
(2) when there are job classifications for
which no wage data are available.
Section 4.6(b)(2) of 29 CFR part 4
provides a process for ‘‘conforming’’
(i.e., adding) classifications and wage
rates to the WD for classes of service
employees not previously listed on a
WD but where employees are actually
working on an SCA covered contract.
This process ensures that the
requirements of section 2(a) of the Act
are fulfilled and that a formal record
exists as part of the contract which
documents the wage rate and fringe
benefits to be paid for a conformed
classification while a service
employee(s) is employed on the
contract.
The contracting officer is required to
review each contractor-proposed
conformance to determine if the
unlisted classes have been properly
classified by the contractor so as to
provide a reasonable relationship (i.e.,
appropriate level of skill comparison)
between such unlisted classifications
and the classifications (and wages)
listed in the WD. See 29 CFR 4.6(b)(2).
Moreover, the contracting agency is
required to forward the conformance
action to the Wage and Hour Division
for review and approval. Id. However, in
any case where a contract succeeds a
contract under which a class was
previously conformed, the contractor
may use an optional procedure known
as the indexing (i.e., adjusting)
procedure to determine a new wage rate
for a previously conformed class. See 29
CFR 4.6(b)(2)(iv)(B). This procedure
does not require DOL approval but does
require the contractor to notify the
contracting agency in writing that a
previously conformed class has been
indexed and include information
describing how the new rate was
computed. Id.
C. Submission of Collective Bargaining
Agreement (CBA)
Sections 2(a) and 4(c) of the SCA
provide that any contractor which
succeeds to a contract subject to the Act
and under which substantially the same
services are furnished, shall pay any
service workers employed on the
contract no less than the wages and
fringe benefits to which such workers
would have been entitled if employed
under the predecessor contract. See 29
CFR 4.163(a).
Section 4.6(l)(1) of Regulations, 29
CFR part 4, requires an incumbent
(predecessor) contractor to provide to
the contracting officer a copy of any
CBA governing the wages and fringe
benefits paid service employees
performing work on the contract during
the contract period. These CBAs are
VerDate Sep<11>2014
16:41 May 17, 2019
Jkt 247001
submitted by the contracting agency to
the Wage and Hour Division of the
Department of Labor where they are
used in issuing WDs for successor
contracts subject to section 2(a) and 4(c)
of SCA. See 29 CFR 4.4(c).
The Wage and Hour Division uses this
information to determine whether
covered employers have complied with
various legal requirements of the laws
administered by the Wage and Hour
Division. The Wage and Hour Division
seeks approval to extend this
information collection related to the
Labor Standards for Federal Service
Contracts.
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
that requires employers to make,
maintain, and preserve records in
accordance with statutory and
regulatory requirements.
Type of Review: Extension.
Agency: Wage and Hour Division.
Title: Labor Standards for Federal
Service Contracts—Regulations 29 CFR
part 4.
OMB Number: 1235–0007.
Affected Public: Business or other forprofit, Not-for-profit institutions, Farms.
Total Respondents: 123,333.
Total Annual Responses: 123,463.
Estimated Total Burden Hours:
123,514.
Estimated Time per Response:
Vacation Benefit Seniority List—1 hour
Conformance Record—30 minutes
Conformance Indexing—2 hours
Collective Bargaining Agreement—5
minutes
Frequency: On occasion.
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
Total Burden Cost (capital/startup):
$0.
Total Burden Costs (operation/
maintenance): $0.
Dated: May 14, 2019.
Robert M. Waterman,
Division of Regulations, Legislation, and
Interpretation.
[FR Doc. 2019–10389 Filed 5–17–19; 8:45 am]
BILLING CODE 4510–27–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice: (19–032)]
Aerospace Safety Advisory Panel;
Meeting
National Aeronautics and
Space Administration (NASA).
ACTION: Notice of meeting.
AGENCY:
In accordance with the
Federal Advisory Committee Act, as
amended, the National Aeronautics and
Space Administration announces a
forthcoming meeting of the Aerospace
Safety Advisory Panel.
DATES: Thursday, June 6, 2019, 9:30 a.m.
to 10:45 a.m., Eastern Time.
ADDRESSES: NASA Headquarters, Room
9H40, 300 E Street SW, Washington, DC
20546.
FOR FURTHER INFORMATION CONTACT: Ms.
Carol Hamilton, Executive Director,
Aerospace Safety Advisory Panel,
NASA Headquarters, Washington, DC
20546, (202) 358–1857 or
carol.j.hamilton@nasa.gov.
SUPPLEMENTARY INFORMATION: The
Aerospace Safety Advisory Panel
(ASAP) will hold its Third Quarterly
Meeting for 2019. This discussion is
pursuant to carrying out its statutory
duties for which the Panel reviews,
identifies, evaluates, and advises on
those program activities, systems,
procedures, and management activities
that can contribute to program risk.
Priority is given to those programs that
involve the safety of human flight. The
agenda will include:
—Updates on the Exploration Systems
Development
—Updates on the Commercial Crew
Program
—Updates on the International Space
Station Program
The meeting will be open to the
public up to the seating capacity of the
room. Seating will be on a first-come
basis. This meeting is also available
telephonically. Any interested person
may call the USA toll free conference
call number 888–603–9074; pass code
7914309. Attendees will be requested to
SUMMARY:
E:\FR\FM\20MYN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 97 (Monday, May 20, 2019)]
[Notices]
[Pages 22903-22904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10389]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Wage and Hour Division
Agency Information Collection Activities; Comment Request;
Information Collections: ``Labor Standards for Federal Service Contacts
Regulation 29 CFR Part 4''
AGENCY: Wage and Hour Division, Department of Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (DOL) is soliciting comments
concerning a proposed extension of the information collection request
(ICR) titled, ``Labor Standards for Federal Service Contacts Regulation
29 CFR part 4.'' 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 July 19, 2019.
ADDRESSES: You may submit comments identified by Control Number 1235-
0007, by either one of the following methods: Email:
[email protected]; 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 OMB approval of the information collection request.
FOR FURTHER INFORMATION CONTACT: Amy DeBisschop, Acting 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 Wage and Hour Division (WHD) of the Department
of Labor administers the McNamara-O'Hara Service Contract Act (SCA), 41
U.S.C. 351 et seq. The McNamara-O'Hara Service Contract Act (SCA)
applies to every contract entered into by the United States or the
District of Columbia, the principal purpose of which is to furnish
services to the United States through the use of service employees. The
SCA requires contractors and subcontractors performing services on
covered federal or District of Columbia contracts in excess of $2,500
to pay service employees in various classes no less than the monetary
wage rates and to furnish fringe benefits found prevailing in the
locality, or the rates (including prospective increases) contained in a
predecessor contractor's collective bargaining agreement. Safety and
health standards also apply to such contracts. The compensation
requirements of the SCA are enforced by the Wage and Hour Division.
A. Vacation Benefit Seniority List
Service Contract Act section 2(a), provides that every contract
subject to the Act must contain a provision specifying the minimum
monetary wages and fringe benefits to be paid to the various classes of
service employees performing work on the contract. Many wage
determinations (WDs) issued for recurring services performed at the
same Federal facility provide for certain vested fringe benefits (e.g.,
vacations), which are based on the employee's total length of service
with a contractor or any predecessor contractor. See 29 CFR 4.162. When
found to prevail, such fringe benefits are incorporated in WDs and are
usually stated as ``one week paid vacation after one year's service
with a contractor or successor, two weeks after two years'', etc. These
provisions ensure that employees receive the vacation benefit payments
that they have earned and accrued by requiring that such payments be
made by successor contractors who hire the same employees who have
worked over the years at the same facility in the same locality for
predecessor contractors
B. Conformance Record
Section 2(a) of the SCA provides that every contract subject to the
Act must contain a provision specifying the minimum monetary wage and
fringe benefits to be paid the various classes of service employees
employed on the contract work. See 41 U.S.C. 351, et seq. Problems
sometimes arise (1) when employees are working on service contracts in
job classifications that DOL was not previously informed about and
[[Page 22904]]
(2) when there are job classifications for which no wage data are
available.
Section 4.6(b)(2) of 29 CFR part 4 provides a process for
``conforming'' (i.e., adding) classifications and wage rates to the WD
for classes of service employees not previously listed on a WD but
where employees are actually working on an SCA covered contract. This
process ensures that the requirements of section 2(a) of the Act are
fulfilled and that a formal record exists as part of the contract which
documents the wage rate and fringe benefits to be paid for a conformed
classification while a service employee(s) is employed on the contract.
The contracting officer is required to review each contractor-
proposed conformance to determine if the unlisted classes have been
properly classified by the contractor so as to provide a reasonable
relationship (i.e., appropriate level of skill comparison) between such
unlisted classifications and the classifications (and wages) listed in
the WD. See 29 CFR 4.6(b)(2). Moreover, the contracting agency is
required to forward the conformance action to the Wage and Hour
Division for review and approval. Id. However, in any case where a
contract succeeds a contract under which a class was previously
conformed, the contractor may use an optional procedure known as the
indexing (i.e., adjusting) procedure to determine a new wage rate for a
previously conformed class. See 29 CFR 4.6(b)(2)(iv)(B). This procedure
does not require DOL approval but does require the contractor to notify
the contracting agency in writing that a previously conformed class has
been indexed and include information describing how the new rate was
computed. Id.
C. Submission of Collective Bargaining Agreement (CBA)
Sections 2(a) and 4(c) of the SCA provide that any contractor which
succeeds to a contract subject to the Act and under which substantially
the same services are furnished, shall pay any service workers employed
on the contract no less than the wages and fringe benefits to which
such workers would have been entitled if employed under the predecessor
contract. See 29 CFR 4.163(a).
Section 4.6(l)(1) of Regulations, 29 CFR part 4, requires an
incumbent (predecessor) contractor to provide to the contracting
officer a copy of any CBA governing the wages and fringe benefits paid
service employees performing work on the contract during the contract
period. These CBAs are submitted by the contracting agency to the Wage
and Hour Division of the Department of Labor where they are used in
issuing WDs for successor contracts subject to section 2(a) and 4(c) of
SCA. See 29 CFR 4.4(c).
The Wage and Hour Division uses this information to determine
whether covered employers have complied with various legal requirements
of the laws administered by the Wage and Hour Division. The Wage and
Hour Division seeks approval to extend this information collection
related to the Labor Standards for Federal Service Contracts.
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 that requires employers to
make, maintain, and preserve records in accordance with statutory and
regulatory requirements.
Type of Review: Extension.
Agency: Wage and Hour Division.
Title: Labor Standards for Federal Service Contracts--Regulations
29 CFR part 4.
OMB Number: 1235-0007.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Farms.
Total Respondents: 123,333.
Total Annual Responses: 123,463.
Estimated Total Burden Hours: 123,514.
Estimated Time per Response:
Vacation Benefit Seniority List--1 hour
Conformance Record--30 minutes
Conformance Indexing--2 hours
Collective Bargaining Agreement--5 minutes
Frequency: On occasion.
Total Burden Cost (capital/startup): $0.
Total Burden Costs (operation/maintenance): $0.
Dated: May 14, 2019.
Robert M. Waterman,
Division of Regulations, Legislation, and Interpretation.
[FR Doc. 2019-10389 Filed 5-17-19; 8:45 am]
BILLING CODE 4510-27-P
