60 Day Notice

60-day FR Notice 1235-0005 (2023-02-28).pdf

Employee Polygraph Protection Act

60 Day Notice

OMB: 1235-0005

Document [pdf]
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ddrumheller on DSK120RN23PROD with NOTICES

Federal Register / Vol. 88, No. 39 / Tuesday, February 28, 2023 / Notices
made available for inspection upon the
Department’s request. The Department
makes optional form WH–520 available
for these purposes. Form WH–520 is
both an information gathering form and
a certificate of occupancy that WHD
issues when it is the federal agency
conducting the safety and health
inspection.
II. Review Focus: The Department is
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;
• 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
seeks an approval for the extension of
this information collection that requires
any person owning or controlling any
facility or real property to be occupied
by migrant agricultural workers to
obtain a certificate of occupancy.
Type of Review: Extension.
Agency: Wage and Hour Division.
Title: Housing Occupancy
Certificate—Migrant and Seasonal
Agricultural Worker Protection Act.
OMB Number: 1235–0006.
Affected Public: Business or other forprofit, Not-for-profit institutions, Farms.
Total Respondents: 10.
Total Annual Responses: 10.
Estimated Total Burden Hours: 0.67
hours.
Estimated Time per Response: 3–4
minutes.
Frequency: Annual.
Total Burden Cost (capital/startup):
$0.
Total Burden Costs (operation/
maintenance): $28.41.
Dated: February 21, 2023.
Amy DeBisschop,
Director, Division of Regulations, Legislation,
and Interpretation.
[FR Doc. 2023–04058 Filed 2–27–23; 8:45 am]
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approval of the information collection
request.

DEPARTMENT OF LABOR
Wage and Hour Division

FOR FURTHER INFORMATION CONTACT:

Agency Information Collection
Activities; Comment Request;
Information Collections: Employee
Polygraph Protection Act
Wage and Hour Division,
Department of Labor.
ACTION: Notice.
AGENCY:

The Department of Labor
(Department) is soliciting comments
concerning a proposed extension of the
information collection request (ICR)
titled, ‘‘Employee Polygraph Protection
Act.’’ This comment request is part of
continuing Departmental efforts to
reduce paperwork and respondent
burden in accordance with the
Paperwork Reduction Act of 1995. The
Department proposes to extend its
information collection without change
to existing requirements. 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
May 1, 2023.
ADDRESSES: You may submit comments
identified by Control Number 1235–
0005 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 Office
of Management and Budget (OMB)
SUMMARY:

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12701

Amy DeBisschop, Division of
Regulations, Legislation, and
Interpretation, Wage and Hour Division,
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). Alternative formats are
available upon request by calling 1–
866–487–9243. If you are deaf, hard of
hearing, or have a speech disability,
please dial 7–1–1 to access
telecommunications relay services.
SUPPLEMENTARY INFORMATION:

I. Background
The Wage and Hour Division (WHD)
of the Department of Labor (DOL)
administers the Employee Polygraph
Protection Act of 1988 (EPPA), 29 U.S.C.
2001 et seq. The EPPA prohibits most
private employers from using any lie
detector tests either for pre-employment
screening or during employment. The
Act contains an exemption applicable to
federal, state, and local government
employers. The EPPA also contains
several limited exemptions authorizing
polygraph tests under certain
conditions, including testing (1) by the
federal government of experts,
consultants, or employees of Federal
contractors engaged in national security
intelligence or counterintelligence
functions; (2) of employees the
employer reasonably suspects of
involvement in a workplace incident
resulting in economic loss or injury to
the employer’s business; (3) of some
prospective employees of private
armored cars, security alarm and
security guard firms; and (4) of some
current and prospective employees of
certain firms authorized to manufacture,
distribute, or dispense controlled
substances. WHD may assess civil
money penalties against employers who
violate any EPPA provision. This
amount increases annually due to the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015.
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;

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Federal Register / Vol. 88, No. 39 / Tuesday, February 28, 2023 / Notices

• 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; or
• 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: Employee Polygraph Protection
Act.
OMB Control Number: 1235–0005.
Affected Public: Business or other forprofit, Not-for-profit institutions.
Total Respondents: 164,000.
Total Annual Responses: 757,400.
Estimated Total Burden Hours:
68,779.
Estimated Time per Response: 30–45
minutes.
Frequency: On occasion.
Total Burden Cost (Capital/Startup):
$0.
Total Burden Costs (Operation/
Maintenance): $0.
Dated: February 21, 2023.
Amy DeBisschop,
Director, Division of Regulations, Legislation,
and Interpretation.
[FR Doc. 2023–04057 Filed 2–27–23; 8:45 am]
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NUCLEAR REGULATORY
COMMISSION
[NRC–2022–0137]

Information Collection: Access
Authorization
Nuclear Regulatory
Commission.
ACTION: Notice of submission to the
Office of Management and Budget;
request for comment.

ddrumheller on DSK120RN23PROD with NOTICES

AGENCY:

The U.S. Nuclear Regulatory
Commission (NRC) has recently
submitted a request for renewal of an
existing collection of information to the

SUMMARY:

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Office of Management and Budget
(OMB) for review. The information
collection is entitled, ‘‘Access
Authorization.’’
Submit comments by March 30,
2023. Comments received after this date
will be considered if it is practical to do
so, but the Commission is able to ensure
consideration only for comments
received on or before this date.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to https://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:
David Cullison, NRC Clearance Officer,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–2084; email:
Infocollects.Resource@nrc.gov.
SUPPLEMENTARY INFORMATION:
DATES:

I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2022–
0137 when contacting the NRC about
the availability of information for this
action. You may obtain publicly
available information related to this
action by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2022–0137.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email to
PDR.Resource@nrc.gov. A copy of the
collection of information and related
instructions may be obtained without
charge by accessing ADAMS Accession
No. ML23047A408. The supporting
statement and burden spreadsheet are
available in ADAMS under Accession
Nos. ML23011A288 and ML22200A113.
• NRC’s PDR: You may examine and
purchase copies of public documents,
by appointment, at the NRC’s PDR,
Room P1 B35, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852. To make an
appointment to visit the PDR, please

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send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8 a.m. and 4 p.m. eastern
time (ET), Monday through Friday,
except Federal holidays.
• NRC’s Clearance Officer: A copy of
the collection of information and related
instructions may be obtained without
charge by contacting the NRC’s
Clearance Officer, David C. Cullison,
Office of the Chief Information Officer,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–2084; email:
Infocollects.Resource@nrc.gov.
B. Submitting Comments
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to https://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.
The NRC cautions you not to include
identifying or contact information in
comment submissions that you do not
want to be publicly disclosed in your
comment submission. All comment
submissions are posted at https://
www.regulations.gov and entered into
ADAMS. Comment submissions are not
routinely edited to remove identifying
or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the OMB, then you
should inform those persons not to
include identifying or contact
information that they do not want to be
publicly disclosed in their comment
submission. Your request should state
that comment submissions are not
routinely edited to remove such
information before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Background
Under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the NRC recently
submitted a request for renewal of an
existing collection of information to
OMB for review entitled, ‘‘Access
Authorization.’’ The NRC hereby
informs potential respondents that an
agency may not conduct or sponsor, and
that a person is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number.
The NRC published a Federal
Register notice with a 60-day comment
period on this information collection on
August 31, 2022, 87 FR 53511.

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