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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Proposed Rules
with a covered contract of the applicable minimum wage rate under Executive Order 14026.
The disclosure of information originally supplied by the Federal Government for the purpose of disclosure is not included within the definition of a collection of information subject to the PRA. See 5 CFR
1320.3c2. The Department has thus determined that proposed 23.210 and 23.290 do not include an information collection subject to the PRA. The Department also notes that the proposed recordkeeping requirements in proposed 23.260 are requirements that contractors must already comply with under the FLSA, SCA, DBA, and/or Executive Order 13658 under an OMBapproved collection of information OMB control number 12350018. The Department believes that the proposed rule does not impose any additional notice or recordkeeping requirements on contractors for PRA purposes.
Therefore, the burden for complying with the recordkeeping requirements in this proposed rule is subsumed under the current approval. An information collection request ICR, however, has been submitted to the OMB that would revise the existing PRA authorization for control number 12350018 to incorporate the recordkeeping regulatory citations in this proposed rule.
WHD obtains PRA clearance under control number 12350021 for an information collection covering complaints alleging violations of various labor standards that the agency administers and enforces. An ICR has been submitted to revise the approval to incorporate the regulatory citations in this proposed rule applicable to complaints and adjust burden estimates to reflect any increase in the number of complaints filed against contractors who fail to comply with Executive Order 14026s higher minimum wage requirement.
Proposed subpart E establishes administrative proceedings to resolve investigation findings. Particularly with respect to hearings, the rule imposes information collection requirements.
The Department notes that information exchanged between the target of a civil or an administrative action and the agency in order to resolve the action would be exempt from PRA
requirements. See 44 U.S.C.
3518c1B; 5 CFR 1320.4a2. This exemption applies throughout the civil or administrative action such as an investigation and any related administrative hearings. Therefore, the Department has determined the administrative requirements contained
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in subpart E of this proposed rule are exempt from needing OMB approval under the PRA.
Information and technology: There is no particular order or form of records prescribed by the proposed regulations.
A contractor may meet the requirements of this proposed rule using paper or electronic means. WHD, in order to reduce burden caused by the filing of complaints that are not actionable by the agency, uses a complaint filing process in which complainants discuss their concerns with WHD professional staff. This process allows agency staff to refer complainants raising concerns that are not actionable under wage and hour laws and regulations to an agency that may be able to offer assistance.
Public comments: The Department seeks comments on its analysis that this NPRM creates a slight increase in paperwork burden associated with ICR
12350021 but does not create a paperwork burden on the regulated community of the information collection provisions contained in ICR
12350018. Commenters may send their views on the Departments PRA analysis in the same way they send comments in response to the NPRM as a whole e.g., through the www.regulations.gov website, including as part of a comment responding to the broader NPRM.
Alternatively, commenters may submit a comment specific to this PRA analysis by sending an email to WHDPRAComments@dol.gov. While much of the information provided to OMB in support of the information collection request appears in the preamble, interested parties may obtain a copy of the full recordkeeping and complaint process supporting statements by sending a written request to the mail address shown in the ADDRESSES section at the beginning of this preamble. Alternatively, a copy of the recordkeeping ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov website. Similarly, the complaint process ICR is available by visiting http www.reginfo.gov/public/do/
PRAMain website. As previously indicated, written comments directed to the Department may be submitted within 30 days of publication of this notification.
The OMB and the Department are particularly interested in comments that:
Evaluate whether the proposed collections of information are necessary for the proper performance of the functions of the agency, including
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whether the information will have practical utility;
Evaluate the accuracy of the agencys 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.
Total burden for the recordkeeping and complaint process information collections, including the burdens that will be unaffected by this proposed rule and any changes are summarized as follows:
Type of review: Revisions to currently approved information collections.
Agency: Wage and Hour Division, Department of Labor.
Title: Employment Information Form.
OMB Control Number: 12350021.
Affected public: Private sector, businesses or other for-profits and Individuals or Households.
Estimated number of respondents:
38,240 165 from this rulemaking.
Estimated number of responses:
38,240 165 from this rulemaking.
Frequency of response: On occasion.
Estimated annual burden hours:
12,747 55 burden hours due to this NPRM.
Estimated annual burden costs: $0 $0
from this rulemaking.
Title: Records to be kept by Employers.
OMB Control Number: 12350018.
Affected public: Private sector, businesses or other for-profits and Individuals or Households.
Estimated number of respondents:
5,621,961 0 from this rulemaking.
Estimated number of responses:
47,118,160 0 from this rulemaking.
Frequency of response: Various.
Estimated annual burden hours:
3,626,426 0 from this rulemaking.
Estimated annual burden costs: 0.
IV. Executive Orders 12866 and 13563
Under Executive Order 12866, OMBs Office of Information and Regulatory Affairs OIRA determines whether a regulatory action is significant and, therefore, subject to the requirements of the Executive order and OMB review.13
Section 3f of Executive Order 12866
13 See
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58 FR 51735, 51741 Oct. 4, 1993.

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