ESA Federal Register Notice

Proposed Collection; Comment Request [02/25/1998]

Volume 63, Number 37, Page 9578-9579

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

DEPARTMENT OF LABOR

Employment Standards Administration

 
Proposed Collection; Comment Request

ACTION: Notice.

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

SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Act of 1995 
(PRA95) [44 U.S.C. 3506(c)(2)(A)]. 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. Currently, the Employment 
Standards Administration is soliciting comments concerning two 
information collections: (1) Employment Information Form (WH-3 and WH-
3-Spanish); and (2) Survivor's Form for Benefits (CM-912), formerly, 
Survivor's Claim for Benefits (CM-912) and Survivor's Notification of 
Beneficiary's Death (CM-1089). Copies of the proposed information 
collection requests can be obtained by contacting the office listed 
below in the addresses section of this notice.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before April 27, 1998. The Department of 
Labor is particularly interested in comments which:
    <bullet> 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;
    <bullet> 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;
    <bullet> Enhance the quality, utility and clarity of the 
information to be collected; and
    <bullet> 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.

ADDRESSES: Contact Ms. Patricia Forkel at the U.S. Department of Labor, 
200 Constitution Avenue, NW., Room S-3201, Washington, DC 20210, 
telephone (202) 219-7601. The Fax number is (202) 219-6592. (These are 
not toll-free numbers.)

SUPPLEMENTARY INFORMATION:

Employment Information Form

I. Background

    Section 11(a) of the Fair Labor Standards Act, 29 U.S.C. 201 et 
seq., provides that the Secretary of Labor may investigate and gather 
data regarding the wages, hours, or other conditions and practices of 
employment in any industry subject to the Act. Similar provisions are 
also contained in the Public Contracts Act, the Service Contracts Act, 
the Davis Bacon Act, the Consumer Credit Protection Act, the migrant 
and Seasonal Agricultural Worker Protection Act, and the Family and 
Medical Leave Act of 1993, all of which are enforced by the Wage and 
Hour Division of the U.S. Department of Labor. The Form WH-3 is an 
optional form used by complainants and others to provide information 
about alleged violations of the labor standards provisions of the Acts 
cited above. The form is provided in both English and Spanish versions.

II. Current Actions

    The Department of Labor (DOL) seeks approval of this revised 
information collection in order to meet the statutory requirements to 
investigate alleged violations of the various labor standards laws 
enforced by the Wage and Hour Division. The form has been revised from 
the current version in order to incorporate information regarding the 
Family and Medical Leave Act, to clarify the form, and to add and 
delete certain data elements.
    Type of Review: Revision.
    Agency: Employment Standards Administration.
    Title: Employment Information Form.

[[Page 9579]]

    OMB Number: 1215-0001.
    Agency Numbers: WH-3 and WH-3 Spanish.
    Affected Public: Individuals or households, farms, businesses or 
other for-profit; not-for-profit institutions; Federal Government; 
State, local or Tribal Government.
    Total Respondents: 37,000.
    Frequency: On occasion.
    Total Responses: 37,000.
    Average Time Per Response: 20 minutes.
    Estimated Total Burden Hours: 12,333.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $0.

Survivor's Form for Benefits

I. Background

    This collection of information is required to administer the 
benefit payment provision of the Black Lung benefits Act for survivors 
of deceased coal miners. Completion of this form constitutes the 
application for benefits by survivors and assists in determining the 
survivor's entitlement to benefits.

II. Current Actions

    The Department of Labor (DOL) seeks approval of this revised 
information collection in order to carry out its responsibility to meet 
the statutory requirements of the Black Lung Benefits Act to pay 
benefits to eligible survivors of Black Lung beneficiaries. This 
information clearance request revises the current form CM-912, 
Survivor's Form for Benefits, to simplify the information collection 
and to incorporate information formerly collected on the Form CM-1089, 
Survivor's Notification of Beneficiary's Death, approved under OMB 
1215-1089. Upon OMB approval of the revised CM-912, the CM-1089 will be 
eliminated.
    Type of Review: Revision.
    Agency: Employment Standards Administration.
    Title: Survivor's Form for Benefits.
    OMB Number: 1215-0069.
    Agency Numbers: CM-912.
    Affected Public: Individuals or households.
    Total Respondents: 3,300.
    Frequency: On time application.
    Total Responses: 3,300.
    Average Time Per Response for Reporting: 8 minutes.
    Estimated Total Burden Hours: 440.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost (operating/maintenance): $945.00.

    Dated: February 19, 1998.
Margaret J. Sherrill,
Chief, Branch of Management, Review and Internal Control, Office of 
Management, Administration and Planning, Employment Standards 
Administration.
[FR Doc. 98-4827 Filed 2-24-98; 8:45 am]
BILLING CODE 4510-27-M