[Federal Register: May 3, 2006 (Volume 71, Number 85)]
[Notices]
[Page 26111-26112]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03my06-103]
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DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review: Comment Request
April 23, 2006.
The Department of Labor (DOL) has submitted the following public
information collection requests (ICR) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of
each ICR, with applicable supporting documentation, may be obtained by
contacting Darrin King on 202-693-4129 (this is not a toll-free number)
or e-mail: king.darrin@dol.gov.
Comments should be sent to Office of Information and Regulatory
Affairs, Attn: OMB Desk Officer for the Employment Standards
Administration (ESA), Office of Management and Budget, Room 10235,
Washington, DC 20503, 202-395-7316 (this is not a toll-free number),
within 30 days from the date of this publication in the Federal
Register.
The OMB 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;
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;
Enhance the quality, utility, and clarity of the
information to be collected; and
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 submission of responses.
Agency: Employment Standards Administration.
Type of Review: Extension of a currently approved collection.
Title: Economic Survey Schedule.
OMB Number: 1215-0028.
Form Number: WH-1.
Frequency: Biennially.
Type of Response: Reporting.
Affected Public: Business or other for-profit and State, Local, or
Tribal Government.
Number of Respondents: 67.
Annual Reponses: 67.
Average Response Time: 45 minutes.
Total Annual Burden Hours: 50.
Total Annualized capital/startup costs: $0.
Total Annual Costs (operating/maintaining systems or purchasing
services): $0.
Description: Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et
seq., Sec. Sec. 5, 6(a)(3) and 8 provide that covered, non-exempt
employees in American Samoa may be paid at minimum wage rates
established by a Special Industry Committee, in lieu of the general
federal minimum wage specified in section 6(a)(1) of the Act. The FLSA
requires the Committee to recommend to the Secretary of Labor the
highest minimum wage rate--not to exceed the rate required under FLSA
section 6(a)(1)--that it determines, having due regard to economic and
competitive conditions, will not substantially curtail employment in
the industry and will not give any industry in American Samoa a
competitive advantage over any industry in the U.S. outside of American
Samoa. The Committee must consider competitive conditions as affected
by transportation, living and production costs; the wages established
by collective bargaining agreements in various industries; and wages
paid by employers who voluntarily maintain minimum wage standards.
FLSA section 5(d) requires the Secretary of Labor to provide data
on the matters the Committee will consider. Regulations 29 CFR 511.6
and 511.11 require that the Administrator of the Wage and Hour Division
(WHD) of the U.S. Department of Labor (DOL) prepare for the Committee
an economic report containing data pertinent to establishing industry
minimum wage rates in American Samoa.
The WHD uses Form WH-1, Economic Survey Schedule, to gather the
information necessary to prepare the economic report. The WHD asks all
FLSA-covered employers in American Samoa to provide data. Respondents
covered by the FLSA in American Samoa may voluntarily provide data
concerning business operations and employment on the form. This
information is essential to enable the Administrator to prepare the
economic report and provide the data cited above for the Committee to
use in determining minimum wage rates for the various industries in
American Samoa.
Agency: Employment Standards Administration.
Type of Review: Extension of a currently approved collection.
Title: Statement of Recovery Forms.
OMB Number: 1215-0200.
Form Number: CA/EN-1108, SOL/EN-1108, and CA/EN-1122.
Frequency: On occasion.
Type of Response: Reporting.
Affected Public: Business or other for-profit and individuals or
households.
Number of Respondents: 3,200.
[[Page 26112]]
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Average Estimated Estimated
Form No. response time annual annual burden
(hours) responses hours
----------------------------------------------------------------------------------------------------------------
CA/EN-1108...................................................... 0.50 2,720 1,360
SOL/EN-1108..................................................... 0.50 160 80
CA/EN-1122...................................................... 0.25 320 80
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Total....................................................... .............. 3,200 1,520
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Total Annualized capital/startup costs: $0.
Total Annual Costs (operating/maintaining systems or purchasing
services): $1,344.
Description: Under section 8131 a Federal employee can sustain a
work-related injury, for which he or she is eligible for compensation
under the Federal Employees' Compensation Act (FECA), under
circumstance that create a legal liability in some third party to pay
damages for the same injury. When this occurs, section 8131 of the FECA
(5 U.S.C. 8131) authorizes the Secretary of Labor to either require the
employee to assign his or her right of action to the United States or
to prosecute the action. When the employee receives a payment for his
or her damages, whether from a final court judgment on or a settlement
of the action, section 8132 of the FECA (5 U.S.C. 8132) provides that
the employee ``shall refund to the United States the amount of
compensation paid by the United States * * *'' To enforce the United
States' statutory right to this refund, the Office of Workers'
Compensation Programs has promulgated regulations that require both the
reporting of these types of payments (20 CFR 10.710) and the submission
of the type of detailed information necessary to calculate the amount
of the required refund (20 CFR 10.707(e)). The information collected by
Form CA/EN-1122 is requested from the claimant if he or she received a
payment for damages without hiring an attorney. Form CA/EN-1108
requests this information from the attorney if one was hired to bring
suit against the third party. Form SOL/EN-1108 request the same
information as the CA/EN-1108 if the claimant's attorney contacts the
Office of the Solicitor (SOL) directly. These forms are used to obtain
information about amounts received as the result of a final judgment in
litigation, or a settlement of the litigation, brought against a third
party who is liable for damage due to a compensable work-related
injury.
Ira L. Mills,
Departmental Clearance Officer.
[FR Doc. E6-6664 Filed 5-2-06; 8:45 am]
BILLING CODE 4510-27-P