Notice2022-27947
Agency Information Collection Activities; Comment Request; Federal Transit Act Urban Program Transit Worker Protections
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 23, 2022
Issuing agencies
Labor DepartmentLabor-Management Standards Office
Abstract
In compliance with the Paperwork Reduction Act of 1995 (PRA), the DOL is soliciting public comments regarding the extension of this Office of Labor-Management Standards (OLMS)-sponsored information collection for the authority to continue the information collection request (ICR) titled, "Protections for Transit Workers under Section 5333(b) Urban Program," currently approved under OMB Control Number 1245-0006.
Full Text
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<title>Federal Register, Volume 87 Issue 246 (Friday, December 23, 2022)</title>
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[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Pages 78998-78999]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27947]
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DEPARTMENT OF LABOR
Office of Labor-Management Standards
Agency Information Collection Activities; Comment Request;
Federal Transit Act Urban Program Transit Worker Protections
ACTION: Notice; request for comments.
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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (PRA),
the DOL is soliciting public comments regarding the extension of this
Office of Labor-Management Standards (OLMS)-sponsored information
collection for the authority to continue the information collection
request (ICR) titled, ``Protections for Transit Workers under Section
5333(b) Urban Program,'' currently approved under OMB Control Number
1245-0006.
DATES: Consideration will be given to all written comments received by
February 21, 2023.
ADDRESSES: A copy of this ICR with applicable supporting documentation,
including a description of the likely respondents, proposed frequency
of response, and estimated total burden, may be obtained free by
contacting Karen Torre, Chief of the Division of Interpretations and
Regulations, Office of Labor-Management Standards, U.S. Department of
Labor, 200 Constitution Avenue NW, Room N-5609, Washington, DC 20210,
<a href="/cdn-cgi/l/email-protection#b8d7d4d5cb95c8cddad4d1dbf8dcd7d496dfd7ce"><span class="__cf_email__" data-cfemail="5d3231302e702d283f31343e1d393231733a322b">[email protected]</span></a>, (202) 693-0123 (this is not a toll-free number),
(800) 877-8339 (TTY/TDD).
Electronic submission: You may submit comments and attachments
electronically at <a href="/cdn-cgi/l/email-protection#523d3e3f217f2227303e3b3112363d3e7c353d24"><span class="__cf_email__" data-cfemail="86e9eaebf5abf6f3e4eaefe5c6e2e9eaa8e1e9f0">[email protected]</span></a>, identified by OMB Control Number
1245-0006.
Comments are invited on: (1) whether the collection of information
is necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility; (2) if the information will be processed and used in a timely
manner; (3) the accuracy of the agency's estimates of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (4) ways to enhance the quality,
utility and clarity of the information collection; and (5) ways to
minimize the burden of the
[[Page 78999]]
collection of information on those who are to respond, including the
use of automated collection techniques or other forms of information
technology. Comments submitted in response to this notice will be
summarized and/or included in the request for the Office of Management
and Budget (OMB) approval of the information collection request; they
will also become a matter of public record.
FOR FURTHER INFORMATION CONTACT: Karen Torre by telephone at 202-693-
0123, or by email at <a href="/cdn-cgi/l/email-protection#ee8182839dc39e9b8c82878dae8a8182c0898198"><span class="__cf_email__" data-cfemail="2c4340415f015c594e40454f6c484340024b435a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Under 49 U.S.C. 5333(b), when Federal funds
are used to acquire, improve, or operate a transit system, the
Department must ensure that the recipient of those funds establishes
arrangements to protect the rights of affected transit employees.
Federal law requires such arrangements to be ``fair and equitable,''
and the Department of Labor (DOL or ``the Department'') must certify
the arrangements before the U.S. Department of Transportation's Federal
Transit Administration (FTA) can award certain funds to grantees. These
employee protective arrangements must include provisions that may be
necessary for the preservation of rights, privileges, and benefits
under existing collective bargaining agreements or otherwise; the
continuation of collective bargaining rights; the protection of
individual employees against a worsening of their positions related to
employment; assurances of employment to employees of acquired
transportation systems; assurances of priority of reemployment of
employees whose employment is ended or who are laid off; and paid
training or retraining programs. 49 U.S.C. 5333(b)(2). Pursuant to 29
CFR part 215, upon receipt of copies of applications for Federal
assistance subject to 49 U.S.C. 5333(b) from the FTA, together with a
request for the certification of employee protective arrangements from
the Department of Labor, DOL will process those applications. The FTA
will provide the Department with the information necessary to enable
the Department to process employee protections for certification of the
project.
DOL Procedural Guidelines (29 CFR part 215), encourage the
development of employee protections through local negotiations, but
establish time frames for certification to expedite the process and
make it more predictable, while assuring that the required protections
are in place.
Pursuant to the Guidelines, DOL refers for review the grant
application and the proposed terms and conditions to unions
representing transit employees in the service area of the project and
to the applicant and/or sub-recipient. No referral is made if the
application falls under one of the following exceptions: (1) employees
in the service area are not represented by a union; (2) the grant is
for routine replacement items; (3) the grant is for a Job Access
project serving populations less than 200,000. (29 CFR 215.3). Grants
where employees in the service area are not represented by a union will
be certified without referral based on protective terms and conditions
set forth by DOL.
When a grant application is referred to the parties, DOL recommends
the terms and conditions to serve as the basis for certification. The
parties have 15 days to inform DOL of any objections to the recommended
terms including reasons for such objections. If no objections are
registered and no circumstances exist inconsistent with the statue, or
if objections are found not sufficient, DOL certifies the project on
the basis of the recommended terms.
If DOL determines that the objections are sufficient, the
Department, as appropriate, will direct the parties to negotiate for up
to 30 days, limited to issues defined by DOL.
If the parties are unable to reach agreement within 30 days, DOL
will review the final proposals and where no circumstances exist
inconsistent with the statute, issue an interim certification
permitting FTA to release funds, provided that no action is taken
relating to the issues in dispute that would irreparably harm
employees.
Following the interim certification, the parties may continue
negotiations. If they are unable to reach agreement, DOL sets the terms
for Final Certification within 60 days. DOL may request briefs on the
issues in dispute before issuing the final certification.
Notwithstanding the above, the Department retains the right to
withhold certification where circumstances inconsistent with the statue
so warrant until such circumstances have been resolved.
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 the OMB approves it 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
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this information collection for
three (3) years. OMB authorization for an ICR cannot be for more than
three (3) years without renewal. The DOL notes that information
collection requirements submitted to the OMB for existing ICRs receive
a month-to-month extension while they undergo review.
Agency: DOL-OLMS.
Type of Review: Extension.
Title of Collection: Protections for Transit Workers under Section
5333(b) Urban Program.
OMB Control Number: 1245-0006.
Form: N/A.
Affected Public: State, Local, and Tribal Governments; Labor
Organizations; Transit Workers.
Total Estimated Number of Respondents: 1,500.
Frequency: Varies.
Total Estimated Number of Responses: 1,500.
Estimated Average Time per Response: 4 hours.
Total Estimated Annual Time Burden: 6,000 hours.
Total Estimated Annual Other Costs Burden: $0.
(Authority: 44 U.S.C. 3506(c)(2)(A)).
Karen Torre,
Chief of the Division of Interpretations and Regulations, Office of
Labor-Management Standards, U.S. Department of Labor.
[FR Doc. 2022-27947 Filed 12-22-22; 8:45 am]
BILLING CODE 4510-86-P
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