Submission for OMB Review; Certain Federal Acquisition Regulation Part 22 Labor Requirements, 22151-22152 [2024-06700]

Download as PDF Federal Register / Vol. 89, No. 62 / Friday, March 29, 2024 / Notices risk committee), stress test requirements, and debt-to-equity limits for companies that the Financial Stability Oversight Council (FSOC) has determined pose a grave threat to financial stability. The FR YY information collection includes reporting, recordkeeping, and disclosure requirements contained in Regulation YY. Proposed revisions: The Board proposes to revise the FR YY to take into account existing provisions in Regulation YY that include information collections, but had not been included in previous clearances. Frequency: Quarterly, biennial, annual, and event-generated. Respondents: U.S. BHCs, domestic and foreign nonbank SIFIs, SMBs, FBOs, and U.S. IHCs. Total estimated number of respondents: 43. Total estimated change in burden: 2,578. Total estimated annual burden hours: 26,458.1 Board of Governors of the Federal Reserve System, March 26, 2024. Ann Misback, Secretary of the Board. [FR Doc. 2024–06718 Filed 3–28–24; 8:45 am] BILLING CODE 6210–01–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0066; Docket No. 2024–0053; Sequence No. 7] Submission for OMB Review; Certain Federal Acquisition Regulation Part 22 Labor Requirements Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice. AGENCY: Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division has submitted to the Office of Management and Budget (OMB) a request to review and approve a revision of a previously khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: 1 More detailed information regarding this collection, including more detailed burden estimates, can be found in the OMB Supporting Statement posted at https://www.federalreserve.gov/ apps/reportingforms/home/review. On the page displayed at the link, you can find the OMB Supporting Statement by referencing the collection identifier, FR YY. VerDate Sep<11>2014 16:49 Mar 28, 2024 Jkt 262001 approved information collection requirement regarding certain Federal Acquisition Regulation (FAR) part 22 labor requirements. DATES: Submit comments on or before April 29, 2024. ADDRESSES: Written comments and recommendations for this information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under Review—Open for Public Comments’’ or by using the search function. FOR FURTHER INFORMATION CONTACT: Ms. Dana Bowman, Procurement Analyst, at 202–803–3188 or at dana.bowman@ gsa.gov. SUPPLEMENTARY INFORMATION: A. OMB Control Number, Title, and Any Associated Form(s) 9000–0066, Certain Federal Acquisition Regulation Part 22 Labor Requirements. B. Needs and Uses The revision to the information collection is needed for the implementation of Executive Order (E.O.) 14063, Use of Project Labor Agreements for Federal Construction Projects, issued February 4, 2022 (87 FR 7363, February 9, 2022). E.O. 14063 mandates that Federal Government agencies require the use of project labor agreements (PLAs) for large-scale Federal construction projects, where the total estimated cost to the Government is $35 million or more, unless an exception applies. Agencies still have the discretion to require PLAs for Federal construction projects that do not meet the $35 million threshold. This clearance covers the information that offerors and contractors must submit to comply with the following FAR part 22 requirements: • FAR 52.222–2, Payment for Overtime Premiums. This clause requires the contractor to request authorization for overtime premiums costs that exceed the amount negotiated in the contract. The request shall include information on the affected work unit current staffing and workload, how a denial of the request would impact performance on the instant contract or other contracts, and reasons why the work cannot be performed by using multishift operations or by employing additional personnel. Contracting officers use this information to evaluate whether the overtime is necessary. • FAR 52.222–6, Construction Wage Rate Requirements, and the Standard PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 22151 Form (SF) 1444. This clause requires the contractor to establish additional classifications, if any laborer or mechanic is to be employed in a classification that is not listed in the wage determination applicable to the contract. In such cases, the contractor is required to complete and submit a SF 1444, Request for Authorization of Additional Classification and Rate, along with other pertinent data, containing the proposed additional classification and minimum wage rate including any fringe benefits payments. The contracting officer submits the SF 1444 to the Department of Labor (DOL) Wage and Hour Division with a request for conformance review to determine the appropriateness of the request. • FAR 52.222–11, Subcontracts (Labor Standards), and the SF 1413. This clause requires a contractor to submit an SF 1413, Statement and Acknowledgment, for each subcontract for construction within the United States, including the subcontractor’s signed and dated acknowledgment that the required labor clauses necessary to implement various labor statutes have been included in the subcontract. Contracting officers review the information on the form to ascertain whether contractors have included the required labor clauses in their subcontracts. • FAR 52.222–18, Certification Regarding Knowledge of Child Labor for Listed End Products. This provision (and its commercial equivalent in the provision at 52.212–3) requires the offeror, as part of its annual representations and certifications, to either certify in paragraph (c)(1) that it will not supply an end product of a type identified on the DOL List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor (https://www.dol.gov/agencies/ilab), or certify in paragraph (c)(2) that it has made a good faith effort to determine whether such child labor was used to mine, produce, or manufacture such end product, and is unaware of any such use of child labor. This information is used by the Government to ensure that a good faith effort has been made to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product on the List furnished under the contract. • FAR 52.222–33, Notice of Requirement for Project Labor Agreement. When a PLA (a pre-hire collective bargaining agreement described in 29 U.S.C. 158(f)) is required for a large-scale construction project within the United States for which the total estimated cost of the construction contract to the Federal E:\FR\FM\29MRN1.SGM 29MRN1 22152 Federal Register / Vol. 89, No. 62 / Friday, March 29, 2024 / Notices Government is $35 million or more, this provision requires the offeror to submit a copy of a PLA at the time offers are due, prior to award, or after contract award as determined by the agency. Subcontractors are required to become a party to the resulting PLA. An agency may require the use of a PLA on projects where the total cost to the Federal Government is less than $35 million, if appropriate. • FAR 52.222–34, Project Labor Agreement. When a PLA is required for a large-scale construction project within the United States for which the total estimated cost of the construction contract to the Federal Government is $35 million or more, this clause requires the contractor to maintain the PLA in a current state throughout the life of the contract. The requirement for a PLA flows down to all subcontracts with subcontractors engaged in construction on the construction project. • FAR 52.222–46, Evaluation of Compensation for Professional Employees. This provision requires offerors to submit for evaluation a total compensation plan setting forth proposed salaries and fringe benefits for professional employees working on the contract. The Government will use this information to determine if professional employees are compensated fairly and properly. Plans indicating unrealistically low professional employees’ compensation may be assessed adversely as one of the factors considered in making a contract award. khammond on DSKJM1Z7X2PROD with NOTICES C. Annual Burden Respondents/Recordkeepers: 544,162. Total Annual Responses: 619,558. Total Burden Hours: 107,495 (107,174 reporting hours + 321 recordkeeping hours). D. Public Comment A 60-day notice was published in the Federal Register at 87 FR 51044 on August 19, 2022, as part of a proposed rule under FAR Case 2022–003, Use of Project Labor Agreements for Federal Construction Projects. Due to the public comments received in response to the proposed rule regarding the burden calculations, the estimated number of hours necessary for the implementation of a PLA were increased from a range of 40–80 to a range of 100–200 hours. Only the burden for the FAR provision at 52.222–33, and the FAR clause at 52.222–34 is affected by this revision. All other FAR part 22 provisions and clauses covered by OMB Control #9000– 0066 remain the same as previously approved. Obtaining Copies: Requesters may obtain a copy of the information VerDate Sep<11>2014 16:49 Mar 28, 2024 Jkt 262001 collection documents from the GSA Regulatory Secretariat Division, by calling 202–501–4755 or emailing GSARegSec@gsa.gov. Please cite OMB Control No. 9000–0066, Certain Federal Acquisition Regulation Part 22 Labor Requirements. Janet Fry, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. HISTORY: This system was previously published in the Federal Register at 66 FR 39170, July 27, 2001, 70 FR 60347, October 17, 2005, 71 FR 48752, August 21, 2006, and 73 FR 22396, April 25, 2008. Richard Speidel, Chief Privacy Officer, Office of Enterprise Data & Privacy Management, General Services Administration. [FR Doc. 2024–06724 Filed 3–28–24; 8:45 am] BILLING CODE 6820–AB–P [FR Doc. 2024–06700 Filed 3–28–24; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL SERVICES ADMINISTRATION Centers for Disease Control and Prevention [Notice—IEB–2024–00; Docket No. 2024– 0002; Sequence No. 14] [30Day–24–23DV] Privacy Act of 1974; System of Records Office of Enterprise Data & Privacy Management; General Services Administration (GSA). ACTION: Rescindment of a System of Records Notice. AGENCY: Pursuant to the provisions of the Privacy Act of 1974, notice is given that the General Services Administration (GSA) proposes to rescind a System of Records Notice, GSA/PPFM–10, Purchase Card Program. This system of records provides control over expenditure of funds through the use of Federal Government purchase cards. SUMMARY: This system of records stopped being maintained in 2008. ADDRESSES: Comments may be submitted to the Federal eRulemaking Portal, https://www.regulations.gov. Submit comments by searching for GSA/PPFM–10. FOR FURTHER INFORMATION CONTACT: Call or email Richard Speidel, Chief Privacy Officer at (202) 969–5830 and gsa.privacyact@gsa.gov. SUPPLEMENTARY INFORMATION: GSA proposes to rescind a System of Records Notification, GSA/PPFM–10. This Notice is being rescinded due to the records of GSA/PPFM–10 being integrated into the government-wide SORN GSA SmartPay Purchase Charge Card Program (GSA/GOVT–6), beginning in 2008. This action is being taken to ensure that only one SORN covers the pertinent records. DATES: SYSTEM NAME AND NUMBER: Purchase Card Program, GSA/PPFM– 10. PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 Agency Forms Undergoing Paperwork Reduction Act Review In accordance with the Paperwork Reduction Act of 1995, the Centers for Disease Control and Prevention (CDC) has submitted the information collection request titled ‘‘Focus groups among adults with or caring for individuals with congenital heart defects (CHD), muscular dystrophy (MD), and spina bifida (SB)’’ to the Office of Management and budget (OMB) for review and approval. CDC previously published a ‘‘Proposed Data Collection Submitted for Public Comment and Recommendations’’ notice on April 7, 2023 to obtain comments from the public and affected agencies. CDC received one public comment related to this notice. This notice serves to allow an additional 30 days for public and affected agency comments. CDC will accept all comments for this proposed information collection project. The Office of Management and Budget is particularly interested in comments that: (a) 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; (b) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) Enhance the quality, utility, and clarity of the information to be collected; (d) Minimize the burden of the collection of information on those who are to respond, including, through the use of appropriate automated, E:\FR\FM\29MRN1.SGM 29MRN1

Agencies

[Federal Register Volume 89, Number 62 (Friday, March 29, 2024)]
[Notices]
[Pages 22151-22152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06700]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0066; Docket No. 2024-0053; Sequence No. 7]


Submission for OMB Review; Certain Federal Acquisition Regulation 
Part 22 Labor Requirements

AGENCY: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice.

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

SUMMARY: Under the provisions of the Paperwork Reduction Act, the 
Regulatory Secretariat Division has submitted to the Office of 
Management and Budget (OMB) a request to review and approve a revision 
of a previously approved information collection requirement regarding 
certain Federal Acquisition Regulation (FAR) part 22 labor 
requirements.

DATES: Submit comments on or before April 29, 2024.

ADDRESSES: Written comments and recommendations for this information 
collection should be sent within 30 days of publication of this notice 
to www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Ms. Dana Bowman, Procurement Analyst, 
at 202-803-3188 or at [email protected].

SUPPLEMENTARY INFORMATION:

A. OMB Control Number, Title, and Any Associated Form(s)

    9000-0066, Certain Federal Acquisition Regulation Part 22 Labor 
Requirements.

B. Needs and Uses

    The revision to the information collection is needed for the 
implementation of Executive Order (E.O.) 14063, Use of Project Labor 
Agreements for Federal Construction Projects, issued February 4, 2022 
(87 FR 7363, February 9, 2022). E.O. 14063 mandates that Federal 
Government agencies require the use of project labor agreements (PLAs) 
for large-scale Federal construction projects, where the total 
estimated cost to the Government is $35 million or more, unless an 
exception applies. Agencies still have the discretion to require PLAs 
for Federal construction projects that do not meet the $35 million 
threshold.
    This clearance covers the information that offerors and contractors 
must submit to comply with the following FAR part 22 requirements:
     FAR 52.222-2, Payment for Overtime Premiums. This clause 
requires the contractor to request authorization for overtime premiums 
costs that exceed the amount negotiated in the contract. The request 
shall include information on the affected work unit current staffing 
and workload, how a denial of the request would impact performance on 
the instant contract or other contracts, and reasons why the work 
cannot be performed by using multishift operations or by employing 
additional personnel. Contracting officers use this information to 
evaluate whether the overtime is necessary.
     FAR 52.222-6, Construction Wage Rate Requirements, and the 
Standard Form (SF) 1444. This clause requires the contractor to 
establish additional classifications, if any laborer or mechanic is to 
be employed in a classification that is not listed in the wage 
determination applicable to the contract. In such cases, the contractor 
is required to complete and submit a SF 1444, Request for Authorization 
of Additional Classification and Rate, along with other pertinent data, 
containing the proposed additional classification and minimum wage rate 
including any fringe benefits payments. The contracting officer submits 
the SF 1444 to the Department of Labor (DOL) Wage and Hour Division 
with a request for conformance review to determine the appropriateness 
of the request.
     FAR 52.222-11, Subcontracts (Labor Standards), and the SF 
1413. This clause requires a contractor to submit an SF 1413, Statement 
and Acknowledgment, for each subcontract for construction within the 
United States, including the subcontractor's signed and dated 
acknowledgment that the required labor clauses necessary to implement 
various labor statutes have been included in the subcontract. 
Contracting officers review the information on the form to ascertain 
whether contractors have included the required labor clauses in their 
subcontracts.
     FAR 52.222-18, Certification Regarding Knowledge of Child 
Labor for Listed End Products. This provision (and its commercial 
equivalent in the provision at 52.212-3) requires the offeror, as part 
of its annual representations and certifications, to either certify in 
paragraph (c)(1) that it will not supply an end product of a type 
identified on the DOL List of Products Requiring Contractor 
Certification as to Forced or Indentured Child Labor (https://www.dol.gov/agencies/ilab), or certify in paragraph (c)(2) that it has 
made a good faith effort to determine whether such child labor was used 
to mine, produce, or manufacture such end product, and is unaware of 
any such use of child labor. This information is used by the Government 
to ensure that a good faith effort has been made to determine whether 
forced or indentured child labor was used to mine, produce, or 
manufacture any product on the List furnished under the contract.
     FAR 52.222-33, Notice of Requirement for Project Labor 
Agreement. When a PLA (a pre-hire collective bargaining agreement 
described in 29 U.S.C. 158(f)) is required for a large-scale 
construction project within the United States for which the total 
estimated cost of the construction contract to the Federal

[[Page 22152]]

Government is $35 million or more, this provision requires the offeror 
to submit a copy of a PLA at the time offers are due, prior to award, 
or after contract award as determined by the agency. Subcontractors are 
required to become a party to the resulting PLA. An agency may require 
the use of a PLA on projects where the total cost to the Federal 
Government is less than $35 million, if appropriate.
     FAR 52.222-34, Project Labor Agreement. When a PLA is 
required for a large-scale construction project within the United 
States for which the total estimated cost of the construction contract 
to the Federal Government is $35 million or more, this clause requires 
the contractor to maintain the PLA in a current state throughout the 
life of the contract. The requirement for a PLA flows down to all 
subcontracts with subcontractors engaged in construction on the 
construction project.
     FAR 52.222-46, Evaluation of Compensation for Professional 
Employees. This provision requires offerors to submit for evaluation a 
total compensation plan setting forth proposed salaries and fringe 
benefits for professional employees working on the contract. The 
Government will use this information to determine if professional 
employees are compensated fairly and properly. Plans indicating 
unrealistically low professional employees' compensation may be 
assessed adversely as one of the factors considered in making a 
contract award.

C. Annual Burden

    Respondents/Recordkeepers: 544,162.
    Total Annual Responses: 619,558.
    Total Burden Hours: 107,495 (107,174 reporting hours + 321 
recordkeeping hours).

D. Public Comment

    A 60-day notice was published in the Federal Register at 87 FR 
51044 on August 19, 2022, as part of a proposed rule under FAR Case 
2022-003, Use of Project Labor Agreements for Federal Construction 
Projects. Due to the public comments received in response to the 
proposed rule regarding the burden calculations, the estimated number 
of hours necessary for the implementation of a PLA were increased from 
a range of 40-80 to a range of 100-200 hours. Only the burden for the 
FAR provision at 52.222-33, and the FAR clause at 52.222-34 is affected 
by this revision. All other FAR part 22 provisions and clauses covered 
by OMB Control #9000-0066 remain the same as previously approved.
    Obtaining Copies: Requesters may obtain a copy of the information 
collection documents from the GSA Regulatory Secretariat Division, by 
calling 202-501-4755 or emailing [email protected]. Please cite OMB 
Control No. 9000-0066, Certain Federal Acquisition Regulation Part 22 
Labor Requirements.

Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2024-06700 Filed 3-28-24; 8:45 am]
BILLING CODE 6820-EP-P


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