Proposed collection; Comment Request [Notices] [05/06/1998]
Proposed collection; Comment Request [05/06/1998]
Volume 63, Number 87, Page 25094-25097-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment Standards Administration
Proposed collection; Comment Request
ACTION: Notice.
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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 Reduction
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 eight information collections: (1) Regulations, 29
CFR Part 547, Requirements of a Bona Fide Thrift or Savings Plan; (2)
Regulations, 29 CFR Part 549, Requirements of a Bona Fide Profit-
Sharing Plan or Trust; (3) Regulations, 29 CFR Part 4, Labor Standards
For Federal Service Contracts; (4) OFCCP Complaint Form (CC-4); (5)
Employers First Report of Injury or Occupational Illness (LS-202),
Employer's Supplementary Report of Accident or Occupational Illness
(LS-210), and Physician's Report on Impairment of Vision (LS-205); (6)
Medical Refund Travel Request (CM-957); (7) Request for State or
Federal Worker's Compensation Information (CM-905); and (8) Application
for Approval of a Representative's Fee in a Black Lung Claim Proceeding
Conducted by the U.S. Department of Labor (CM-972). Copies of the
proposed information collection requests can be obtained by contacting
the office listed below in the addressee section of this notice.
DATES: Written comments must be submitted to the office listed in the
addressee section below on or before July 8, 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.
ADDRESSEES: Contact Ms. Patricia Forkel at the U.S. Department of
Labor, 200 Constitution Avenue, N.W., Room S-3201, Washington, D.C.
20210, telephone (202) 219-7601. The Fax number is (202) 219-6592.
(These are not toll-free numbers.)
SUPPLEMENTARY INFORMATION:
Regulations, 29 CFR Part 547, Requirements of a Bona Fide Thrift or
Savings Plan
I. Background
Section 7(e)(3)(b) of the Fair Labor Standards Act permits the
exclusion from an employee's regular rate of pay for payments on behalf
of an employee to a bona fide thrift or savings plan. Regulations
require that information necessary to support a thrift or savings
plan's qualifications as a bona fide plan, as defined in the Fair Labor
Standards Act, be maintained by employers. Regulations, 29 CFR Part 547
set forth the requirements for a bona fide thrift or savings plan.
II. Current Actions
The Department of Labor is seeking extension of approval of this
recordkeeping requirement in order to enable investigators to determine
whether or not a given thrift or savings plan is in compliance with
section 7(e)(3)(b) of the Fair Labor Standards Act. A prudent employer
establishing a thrift or savings plan would set forth the plan in
writing, describing eligibility requirements, a definite formula for
saving, and the amount of the employer's contributions, even if not
required to do so by the regulations. Therefore, this requirement
imposes no additional recordkeeping burden on employers. The annual
recordkeeping burden for this information collection is estimated at
one hour as a ``placeholder'' only.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: Regulations, 29 CFR Part 547, Requirements of a Bona Fide
Thrift or Savings Plan.
OMB Number: 1215-0119.
Agency Numbers: None.
Affected Public: Individuals or households; Businesses or other
for-profit; State, local or Tribal Government; Not-for-profit
institutions.
Total Respondents: 2.072 million.
Frequency: Recordkeeping only.
Total Responses: 2.072 million.
Average Time Per Response: Recordkeeping only.
Total Burden Hours (recordkeeping): 1.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): 0.
Regulations, 29 CFR Part 549, Requirements of a Bona Fide Profit-
Sharing Plan or Trust
I. Background
Section 7(e)(3)(b) of the Fair Labor Standards Act permits the
exclusion from an employee's regular rate of pay for payments on behalf
of an employee to a bona fide profit-sharing plan or trust. Regulations
require that information necessary to support a profit-sharing plan or
trust's qualifications as a bona fide plan or trust, as defined in the
Fair Labor Standards Act, be maintained by employers. Regulations, 29
CFR Part 549 set forth the requirements for a bona fide profit-sharing
plan or trust.
II. Current Actions
The Department of Labor is seeking extension of approval of this
recordkeeping requirement in order to enable investigators to determine
whether or not a given profit-sharing plan or trust is in compliance
with section 7(e)(3)(b) of the Fair Labor Standards Act. A prudent
employer establishing a profit-sharing plan or trust would set forth
the plan in writing,
[[Page 25095]]
outlining a definite program for distributing to the employees a share
of the company's profits, as well as describing eligibility
requirements for participation, even if not required to do so by the
regulations. Therefore, this requirement imposes no additional
recordkeeping burden on employers. The annual recordkeeping burden for
this information collection is estimated at one hour as a
``placeholder'' only.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: Regulations, 29 CFR Part 549, Requirements of a Bona Fide
Profit-sharing Plan or Trust.
OMB Number: 1215-0122.
Agency Number: None.
Affected Public: Business or other for-profit; Not-for-profit
institutions; State, Local, or Tribal Government.
Total Respondents: 888,000.
Frequency: Recordkeeping only.
Total Responses: 888,000.
Average Time per Response: Recordkeeping only.
Total Burden Hours (recordkeeping): 1.
Total Burden Cost (capital/startup): 0.
Total Burden Cost (operating/maintenance): 0.
Regulations, 29 CFR Part 4, Labor Standards for Federal Service
Contracts
I. Background
The Service Contract Act (SCA) imposes certain recordkeeping and
incidental reporting requirements applicable to employers performing on
service contracts with the Federal government. The basic payroll
recordkeeping requirements contained in this regulation (sections
4.6(g)(1)(i) through (iv)) have been previously approved under OMB
number 1215-0017, which constitutes the basic recordkeeping regulations
for all laws administered by the Wage and Hour Division, and the
remaining SCA requirements under 1215-0150. This information collection
contains three additional requirements not cleared under either of the
above information collections. They are: a vacation benefit seniority
list, which is used by the contractor to determine vacation fringe
benefits entitlements earned and accrued by service employees who were
employed by predecessor contractors; a conformance record report, which
is used by Wage and Hour to determine the appropriateness of the
conformance and compliance with the SCA and its regulations; and a
collective bargaining agreement, submitted by the contracting agency to
Wage and Hour to be used in the issuance of wage determinations for
successor contracts subject to section 2(a) and 4(c) of SCA.
II. Current Actions
The Department of Labor seeks extension of approval of this
information collection in order to carry out the provisions of the
Service Contract Act.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: Regulations, 29 CFR Part 4, Labor Standards For Federal
Service Contracts.
OMB Number: 1215-0150.
Agency Number: None.
Affected Public: Businesses or other for-profit; Federal
government.
Total Respondents: 61,789.
Frequency: On occasion.
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Requirement Respondents Average time per response Burden hours
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Vacation Benefit Seniority List.......... 59,055 1 hour............................... 59,055
Conformance Record....................... 204 \1/2\ hour........................... 102
Collective Bargaining Agreements......... 2,530 5 minutes............................ 211
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Total Burden Hours: 59,368.
Total Burden Cost (capital/startup): 0.
Total Burden Cost: (operating/maintenance): 0.
OFCCP Complaint Form (CC-4)
I. Background
The Office of Federal Contract Compliance Programs (OFCCP)
administers three equal employment opportunity programs: Executive
Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973,
as amended; and 38 U.S.C. 4212, the Vietnam Era Veteran's' Readjustment
Assistance Act. These programs require affirmative action by Federal
contractors and subcontractors and prohibit discrimination on the basis
of race, color, sex, religion, national origin, disability, or veteran
status. All three programs give individuals the right to file
complaints. The CC-4 Complaint Form is used to file complaints under
all three programs. The form is used as the first step in the
initiation of a complaint investigation.
II. Current Actions
The Department of Labor seeks an extension of approval of this
information collection in order to collect information necessary to
investigate complaints of discrimination.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: OFCCP Complaint Form.
OMB Number: 1215-0131.
Agency Number: CC-4.
Affected Public: Individuals or households.
Total Respondents: 1,150.
Frequency: On occasion.
Total Responses: 1,150.
Average Time per Response: 1.28 hours.
Total Burden Hours: 1,472.
Total Burden Cost (capital/startup): 0.
Total Burden Cost (operating/maintenance): $402.50.
Employer's First Report of Injury or Occupational Illness (LS-202),
Employer's Supplementary Report of Accident or Occupational Illness
(LS-210), Physician's Report on Impairment of Vision (LS-205)
I. Background
The Longshore and Harbor Workers' Compensation Act provides
benefits to workers injured in maritime employment on the navigable
waters of the United States or in an adjoining area customarily used by
an employee in loading, unloading, repairing or building a vessel. The
LS-202, Employer's First Report of Injury or Occupational Illness, is
used by employers to report injuries that have occurred under the
Longshore Act and its related statutes. The LS-210, Employer's
Supplementary Report of Accident or Occupational Illness, is used to
report additional periods of lost time from work. The LS-205,
Physician's Report on Impairment of Vision, is a medical report based
on a comprehensive examination of visual impairment.
[[Page 25096]]
II. Current Actions
The Department of Labor seeks an extension of this information
collection in order to ensure that employers are complying with the
reporting requirements of the Act and to ensure that injured claimants
receive all compensation benefits to which they are entitled.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: Employer's First Report of Injury or Occupational Illness
(LS-202); Employer's Supplementary Report of Accident or Occupational
Illness (LS-210); Physician's Report on Impairment of Vision (LS-205).
OMB Number: 1215-0031.
Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
Total Respondents: 29,990.
Frequency: On occasion.
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Form Respondents Average time per response Burden hours
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LS-202................................... 27,000 .25 hour............................. 6,750
LS-205................................... 90 .75 hour............................. 68
LS-210................................... 2,900 .25 hour............................. 725
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Total Burden Hours: 7,543.
Total Burden Cost (capital/startup): 0.
Total Burden Cost (operating/maintenance): $11,846.05.
Medical Refund Travel Request (CM-957)
I. Background
When a coal miner files an application for black lung benefits
under the Black Lung Benefits Act, the miner is scheduled for medical
determination testing. The Black Lung Trust fund is required to pay for
this determination testing and associated travel costs. The CM-957 is
used by the miner to record travel expenses incurred while traveling to
and from the testing facility.
II. Current Actions
The Department of Labor seeks an extension of this information
collection in order to identify and reimburse miners for out-of-pocket
medical travel expenses associated with black lung related medical
testing.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: Medical Travel Refund Request.
OMB Number: 1215-0054.
Agency Number: CM-957.
Affected Public: Individuals or households; Businesses or other
for-profit; Not-for-profit institutions.
Total Respondents: 8,700.
Frequency: On occasion.
Total Responses: 8,700.
Average Time per Response: 10 minutes.
Total Burden Hours: 1,450.
Total Burden Cost (capital/startup): 0.
Total Burden Cost (operating/maintenance): $3,045.
Request for State or Federal Workers' Compensation Information (CM-
905)
I. Background
The Federal Mine Safety and Health Act of 1977, as amended, 30
U.S.C. 922(b) and 20 CFR 725.535, direct that DOL Black Lung benefit
payments to a beneficiary for any month be reduced by any other
payments of state or federal benefits for workers compensation due to
black lung disease. This form collects information regarding the status
of any state or Federal workers' compensation claim, including dates of
payments, weekly or lump sum amounts paid, and other fees or expenses
paid out of this award, such as attorney fees and related expenses
associated with black lung disease.
II. Current Actions
The Department of Labor seeks an extension of this information
collection in order that state or Federal workers' compensation
programs may notify DCMWC that a claimant is receiving benefits that
must be offset, of any rate changes, or of cessation of compensation
benefits.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: Request for State or Federal Workers' Compensation
Information.
OMB Number: 1215-0060.
Agency Number: CM-905.
Affected Public: Federal Government; State, Local or Tribal
Government.
Total Respondents: 3,986.
Frequency: On occasion.
Total Responses: 3,986.
Average Time per Response: 15 minutes.
Total Burden Hours: 996.
Total Burden Cost: (capital/startup): 0.
Total Burden Cost: (operating/maintenance: $12,197.16.
Application for Approval of a Representative's Fee in a Black Lung
Claim Proceeding Conducted by the U. S. Department of Labor (CM-
972)
I. Background
Individuals filing for benefits under the Black Lung Benefits Act
may elect to be represented or assisted by an attorney or other
representative. The fee charged by the representative must be approved
for payment by the Division of Coal Mine Worker's Compensation.
Regulation 20 CFR 725.365-6 establishes certain information and
documentation criteria which must be submitted in order for the Program
to evaluate the fee request. This form provides a standardized format
for submission of the information required by the regulation.
II. Current Actions
The Department of Labor seeks an extension of this information
collection in order to carry out its responsibility to evaluate and
approve a fee for services rendered.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: Application for Approval of a Representative's Fee in Black
Lung Claim Proceeding Conducted by the U. S. Department of Labor.
OMB Number: 1215-0171.
Agency Number: CM-972.
Affected Public: Businesses or other for-profit.
Total Respondents: 1,000.
Frequency: As needed.
Total Responses: 1,000.
Average Time per Response: 42 minutes.
Total Burden Hours: 700.
Total Burden Cost: (capital/startup): 0.
Total Burden Cost: (operating/maintenance: 0.
Comments submitted in response to this notice will be summarized
and/or included in the request for Office of Management and Budget
approval of the information collection request; they will also become a
matter of public record.
[[Page 25097]]
Dated: April 30, 1998.
Cecily A. Rayburn,
Director, Division of Financial Management, Office of Management,
Administration and Planning, Employment Standards Administration.
[FR Doc. 98-12015 Filed 5-5-98; 8:45 am]
BILLING CODE 4510-27-P
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