Proposed Collection; Comment Request
[Notices] [11/23/1998]
Proposed Collection; Comment Request
[11/23/1998]
Volume 63, Number 225, Page 64737-64739-----------------------------------------------------------------------
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 the proposed extension of seven information
collections. Four of the information collections are conducted by the
Office of Workers' Compensation Programs, and three are conducted by
the Wage and Hour Division. The collections are: (1) Claim for
Continuance of Compensation, CA-12; (2) Pre-Hearing Statement, LS-18;
(3) Miner's Claim for Benefits Under the Black Lung Benefits Act, CM-
911, Employment History, CM-911A, Miner Reimbursement Form, CM-915; (4)
Overpayment Recovery Questionnaire, OWCP-20; (5) Housing Occupancy
Certificate Under the Migrant and Seasonal Worker Protection Act, WH-
520; (6) Application for Special Industrial Homeworker's Certificate,
WH-2, Application for Authority to Employ Workers with Disabilities at
Special Minimum Wages, WH-226-MIS, Supplemental Data Sheet for
Application for Authority to Employ Workers with Disabilities at
Special Minimum Wages, WH-226A-MIS; and (7) Worker Information-Terms
and Conditions of Employment, WH-516 English and Spanish Versions. A
copy 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 January 25, 1999. 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, N.W., Room S-3201, Washington, D.C. 20210,
telephone (202) 693-0339. The Fax number is (202) 219-6592. (These are
not toll-free numbers.)
SUPPLEMENTARY INFORMATION:
Claim for Continuance of Compensation, CA-12
I. Background
Under the provisions of the Federal Employees' Compensation Act,
eligible dependents of deceased Federal employees receive compensation
on account of the employee's death. The Office of Worker's Compensation
Programs monitors death benefits for criteria which qualify the
beneficiary as the employee's dependent under the law. The CA-12 is
designated for this purpose.
II. Current Actions
The Department of Labor (DOL) seeks approval of the extension of
this information collection in order to carry out its responsibility to
ensure that
[[Page 64738]]
death benefits are being paid correctly, and that no payments are being
made to ineligible survivors.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title(s): Claim for Continuance of Compensation.
OMB Number: 1215-0154.
Agency Number(s): CA-12.
Affected Public: Individuals or households.
Total Respondents: 6,054.
Frequency: Annually.
Average Time per Response: 5 minutes.
Total Burden Hours: 505.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating and maintenance): $2,118.90.
Pre-Hearing Statement, LS-18
I. Background
The Longshore and Harbor Workers' Compensation Act provides
benefits to certain workers injured in maritime employment. Title 20,
CFR 702.317 provides for the referral of claims under the Longshore Act
for formal hearings. Before a case is transferred to the Administrative
Law Judge, each of the parties or their representatives must be
provided with a copy of a pre-hearing statement form, which they must
complete and return to Longshore. Longshore then transmits them to the
Office of the Chief Administrative Law Judge with all available
evidence which the parties intend to submit at the hearing. The LS-18
is the form used to refer cases for formal hearing.
II. Current Actions
The Department of Labor (DOL) seeks approval of the extension of
this information collection in order to carry out its responsibility to
prepare cases for hearing and to establish and clarify the issues
involved.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title(s): Pre-Hearing Statement.
OMB Number: 1215-0085.
Agency Number(s): LS-18.
Affected Public: Individuals or households, Business or other for-
profit.
Total Respondents: 6,800.
Frequency: On occasion.
Average time per Response: 10 minutes.
Estimated Total Burden Hours: 1,088.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating and maintenance): $2,456.50
Miner's Claim for Benefits Under the Black Lung Benefits Act (CM-
911), Employment History CM-911a), Miner Medical Reimbursement Form
(CM-915)
I. Background
Title IV of the Federal Mine Safety and Health Act of 1977, and its
subsequent amendments, provide for the payment of benefits to a coal
miner who is totally disabled by black lung disease, and to certain
eligible survivors of the miner. The CM-911 is the application form.
The CM-911a, which is completed along with the CM-911, renders a
complete history of employment and is used to establish employment
criteria for benefit eligibility. Under the program, miner payees are
eligible for reimbursement of out-of-pocket medical expenses for
treatment and for medical expenses incurred in the development of a
claim. The CM-915 is used to request such reimbursement.
II. Current Actions
The Office of Workers' Compensation Programs seeks the extension of
this currently approved information collection in order to carry out
its responsibility to pay benefits to eligible claimants.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title(s): Miner's Claim for Benefits Under the Black Lung Benefits
Act (CM-911), Employment History (CM-911a), Miner Medical Reimbursement
Form (CM-915).
OMB Number: 1215-0052.
Agency Numbers: CM-911, CM-911a, CM-915.
Affected Public: Individuals or households; Business or other for-
profit.
Frequency: On occasion.
------------------------------------------------------------------------
Average
Form No. of Min. per Burden
respondents response hours
------------------------------------------------------------------------
CM-911................................. 4,800 45 3,600
CM-911a................................ 5,900 40 3,933
CM-915................................. 9,500 10 1,583
------------------------------------------------------------------------
Total Respondents: 20,200.
Estimated Total Burden Hours: 9,116.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating and maintenance): $3.841.30
Overpayment Recovery Questionnaire, OWCP-20
I. Background
Both the Federal Coal Mine Health and Safety Act and the Federal
Employees' Compensation Act provide for the recovery, waiver,
compromise, or termination of overpayment of benefits to beneficiaries.
The OWCP-20 collects information used to ascertain the financial
condition of the beneficiary who has been overpaid to determine if the
overpayment or any part can be recovered, to identify possible
concealment or improper transfer of assets, and to identify and
consider present and potential income and current assets for enforced
collection proceedings. The form also provides a means for the
beneficiary to explain why he/she is not at fault for the overpayment.
II. Current Actions
The Department of Labor seeks the extension of this currently
approved information collection in order to carry out its
responsibility under law to resolve overpayments made under the Acts.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title(s): Overpayment Recovery Questionnaire.
OMB Number: 1215-0144.
Agency Number(s): OWCP-20.
Affected Public: Individuals or households.
Total Respondents: 4,500.
Frequency: On occasion.
Average Time per Response: 1 hour.
Estimated Total Burden Hours: 4,500.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating and maintenance): $1,575.
Housing Occupancy Certificate Under the Migrant and Seasonal
Agricultural Worker Protection Act, WH-520
I. Background
The Migrant and Seasonal Agricultural Worker Protection Act (MSPA)
provides that owner or controller of a facility used for housing
migrant agricultural workers must obtain and post on site, a
certificate of occupancy. The WH-520 is a form used to gather
information to determine whether or not the facility meets the
applicable safety and health standards, and also serves as the
certificate of occupancy.
II. Current Actions
The Department of Labor seeks the extension of this information
collection in order to inspect and certify a migrant housing facility
as meeting applicable safety and health standards under the law.
Type of Review: Extension.
[[Page 64739]]
Agency: Employment Standards Administration.
Title(s): Housing Occupancy Certificate Under the Migrant and
Seasonal Agricultural Worker Protection Act.
OMB Number: 1215-0158.
Agency Number(s): WH-520.
Affected Public: Farms; Individuals or households, Businesses or
other for-profit.
Total Respondents: 60.
Frequency: On occasion.
Average Time per Response (Reporting): 3 minutes.
Average Time per Response (Recordkeeping): 1 minute.
Estimated Total Burden Hours: 4.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating and maintenance): $0.
Application for Special Industrial Homeworker's Certificate (WH-2),
Application for Authority to Employ Workers with Disabilities at
Special Minimum Wages (WH-226-MIS), Supplemental Data Sheet for
Application for Authority to Employ Workers with Disabilities at
Special Minimum Wages (WH-226a-MIS)
I. Background
The Fair Labor Standards Act (FLSA) authorizes the Secretary of
Labor to regulate, restrict, or prohibit industrial homework as
necessary to prevent evasion of the minimum wage requirement of the
Act. The FLSA also provides that the Secretary of Labor, to the extent
necessary in order to prevent curtailment of opportunities for
employment, shall provide for the employment of learners at subminimum
wage rates. The FLSA also provides for the employment of workers with
disabilities at subminimum wages in order to prevent curtailment of
employment opportunities for such individuals. The WH-2 is used by
employers to obtain certificates to employ individual homeworkers in
one of the restricted homework industries: knitted outerwear, women's
apparel, jewelry manufacturing, gloves and mittens, button and buckle
manufacturing, handkerchief manufacturing, and embroideries. The WH-226
and WH-226a-MIS are used by employers to obtain authorization to employ
workers with disabilities in competitive employment, in sheltered
workshops, and in hospitals and institutions, at subminimum wages.
II. Current Actions
The Department of Labor seeks an extension of this information
collection in order to carry out its responsibility to make a
determination whether to grant or to deny an employer's request for
subminimum wage and/or homeworker employment authorization.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title(s): Application for Special Industrial Homeworker's
Certificate (WH-2), Application for Authority to Employ Workers with
Disabilites at Special Minimum Wages (WH-226-MIS), Supplemental Data
Sheet for Application for Authority to Employ Workers with Disabilities
at Special Minimum Wages (WH-226a-MIS).
OMB Number: 1215-0005.
Agency Numbers: WH-2, WH-226-MIS, WH-226a-MIS.
Affected Public: Businesses or other for-profit; Individuals or
households; Not-for-profit institutions; Farms; State, local or Tribal
government.
Frequency: On occasion.
------------------------------------------------------------------------
Average
Form No. of min. per Burden
respondents response hours
------------------------------------------------------------------------
WH-2................................... 100 30 50
WH-226-MIS............................. 8,500 45 6,375
WH-226a-MIS............................ 8,500 45 15,000
------------------------------------------------------------------------
Total Respondents: 8,600.
Estimated Total Burden Hours: 21,425.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating and maintenance): $3,010.
Worker Information-Terms and Conditions of Employment (WH-516,
English and Spanish Versions)
I. Background
Various sections of the Migrant and Seasonal Agricultural Worker
ProtectionAct (MSPA), requires each farm labor contractor, agricultural
employer, and agricultural association to disclose in writing the terms
and conditions of employment, to migrant and seasonal agricultural
workers. Public Law 104-49 provides for the disclosure of certain
information regarding State workers' compensation insurance to the
employee. The information must be disclosed to workers in writing, but
there is no particular format required. The WH-516 is provided as an
optional form which a farm labor contractor, agricultural employer, or
agricultural association may use to disclose the required information.
II. Current Actions
The Department of Labor seeks the extension of this information
collection to carry out its statutory responsibility to ensure that
farm labor contractors, agricultural employers and agricultural
associations have disclosed to their migrant and seasonal agricultural
workers the terms and conditions of employment as required by MSPA and
its regulations.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title(s): Worker Information-Terms and Conditions of Employment.
OMB Number: 1215-0187.
Agency Number(s): WH-516.
Affected Public: Farms; Individuals or households, Businesses or
other for-profit.
Total Respondents: 160,000.
Frequency: Third Party Disclosure.
Average Time per Response: 32 minutes.
Estimated Total Burden Hours: 85,333.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating and maintenance): $23,625.
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.
Dated: November 17, 1998.
Margaret J. Sherrill,
Chief, Branch of Management Review and Internal Control, Division of
Financial Management, Office of Management, Administration and
Planning, Employment Standards Administration.
[FR Doc. 98-31192 Filed 11-20-98; 8:45 am]
BILLING CODE 4510-27-P
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