skip to page content
Secretary of Labor Hilda L. Solis
     DOL Home > Federal Register > Final Rules > ESA
ESA Final Rules

Protecting the Privacy of Workers: Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction, Effectiveness of Information Collection Requirements   [1/16/2009]
[PDF]
FR Doc E9-675
[Federal Register: January 16, 2009 (Volume 74, Number 11)]
[Rules and Regulations]               
[Page 2862]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja09-17]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Wage and Hour Division

29 CFR Parts 3 and 5

 
Protecting the Privacy of Workers: Labor Standards Provisions 
Applicable to Contracts Covering Federally Financed and Assisted 
Construction, Effectiveness of Information Collection Requirements

AGENCY: Department of Labor, Employment Standards Administration, Wage 
and Hour Division.

ACTION: OMB approval of information collection requirements.

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

SUMMARY: The Office of Management and Budget (OMB) has approved under 
the Paperwork Reduction Act (PRA) information collection requirements 
contained in recently revised final regulations published by the 
Department of Labor in the Federal Register on December 19, 2008. The 
PRA requires this notice to set forth the effectiveness of information 
collection requirements contained in a final rule.

DATES: The amendments to Sec. Sec.  3.3(b) and 5.5(a)(3)(ii)(A) and 
(B)(1) published in the Federal Register on December 19, 2008 (73 FR 
77504) have been approved by OMB and are effective January 18, 2009.

ADDRESSES: Written comments regarding the burden-hour estimates or 
other aspects of the information collection requirements contained in 
29 CFR parts 3 and 5 may be submitted to: Administrator, Wage and Hour 
Division, Room S3502, 200 Constitution Avenue, NW., Washington DC 
20210.

FOR FURTHER INFORMATION CONTACT: Richard M. Brennan, Director, Division 
of Interpretations and Regulatory Analysis, Wage and Hour Division, 
Employment Standards Administration, U.S. Department of Labor, Room S-
3506, 200 Constitution Avenue, NW., Washington, DC 20210; telephone: 
(202) 693-0051.
    Questions of interpretation and/or enforcement of regulations 
referenced in this notice may be directed to the nearest Wage and Hour 
Division (WHD) District Office. Locate the nearest office by calling 
the WHD toll-free help line at (866) 4US-WAGE ((866) 487-9243) between 
8 a.m. and 5 p.m. in your local time zone, or log onto the WHD's Web 
site for a nationwide listing of WHD District and Area Offices at: 
http://www.dol.gov/esa/whd/america2.htm.
    This notice is available through the printed Federal Register and 
electronically via the http://www.gpoaccess.gov/fr/index.html Web site.
    Copies of this notice may be obtained in alternative formats (Large 
Print, Braille, Audio Tape or Disc), upon request, by calling (202) 
693-0023. TTY/TDD callers may dial toll-free (877) 889-5627 to obtain 
information or request materials in alternative formats.

SUPPLEMENTARY INFORMATION: On December 30, 2008, the Office of 
Management and Budget (OMB) approved under the PRA the Department of 
Labor's information collection request for requirements in 29 CFR 
5.5(a)(3)(ii)(A), and 5.5(a)(3)(ii)(B)(1), as published in the Federal 
Register on December 19, 2008. See 73 FR 77504. The current expiration 
date for OMB authorization for this information collection is December 
31, 2011. The regulations implement Davis-Bacon and Related Acts and 
the Copeland Anti-Kickback Act requirements, and the regulatory changes 
reduce respondent burden and improve privacy protections for laborers 
and mechanics employed on federally financed or assisted construction 
contracts by lessening the transmission of personal information 
regarding individuals who work on contracts subject to Davis-Bacon Act 
labor standards. The preamble to the new regulations stated a general 
effective date of January 18, 2009; however, the OMB had not yet 
provided a PRA-required approval for the revised information collection 
requirements contained in 29 CFR 3.3, 5.5(a)(3)(ii)(A), and 
5.5(a)(3)(ii)(B)(1) at the time of their publication. 44 U.S.C. 
3507(a)(2). An agency may not conduct an information collection unless 
it has a currently valid OMB approval; therefore, in accordance with 
the PRA, the effective date of the information collection requirements 
in the revised regulations was delayed until the OMB approved them 
under the PRA. 44 U.S.C. 3506(c)(1)(B)(iii)(V). On December 30, 2008, 
the OMB approved the Department's information collection request under 
Control Number 1215-0149; thus, giving effect to the requirements, as 
announced and published in the Federal Register on December 18, 2008, 
under the PRA. The current expiration date for OMB authorization for 
this information collection is December 31, 2011.

    Dated: January 9, 2009.
Victoria A. Lipnic,
Assistant Secretary, Employment Standards Administration.
Alexander J. Passantino,
Acting Administrator, Wage and Hour Division.
[FR Doc. E9-675 Filed 1-15-09; 8:45 am]

BILLING CODE 4510-27-P