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Proposed Collection; Comment Request [Notices] [10/19/2000]

ESA Federal Register Notice

Proposed Collection; Comment Request [10/19/2000]

[PDF Version]

Volume 65, Number 203, Page 62753-62754


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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 collection of the following 
information collections: (1) Application to Employ Special Industrial 
Homeworkers and Workers with Disabilities (WH-2, WH-226, and WH-226A); 
and (2) Request for Employment Information (CA-1027). 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 December 18, 2000.

ADDRESSES: Ms. Patricia A. Forkel, U.S. Department of Labor, 200 
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone 
(202) 693-0339 (this is not a toll-free number), fax (202) 693-1451.

SUPPLEMENTARY INFORMATION:

Applications To Employ Special Industrial Homeworkers and Workers 
With Disabilities (WH-2, WH-226, WH-226A)

I. Background

    Section 11(d) of 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 
requirements of the Act. The Department of Labor has restricted 
homework in seven industries to those employees who obtain 
certificates. Individual certificates may be issued to any industry for 
an individual homeworker who is unable to leave home because of a 
disability or must remain home to care for an invalid. Section 14c of 
the FLSA provides for the employment of workers with disabilities at 
subminimum wages in order to prevent curtailment of employment 
opportunities for such individuals.

[[Page 62754]]

Employers utilizing the provisions of Section 14c must obtain 
certificates issued by the Department of Labor. The WH-2 is used by 
employers to obtain certificates to employ individual homeworkers in 
one of the restricted homework industries. The WH-226 and supplemental 
data Form 226A are used by employers to obtain authorization to employ 
workers with disabilities in certain establishments at subminimum 
wages.

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;
     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 submissions of responses.

III. Current Actions

    The Department of Labor seeks the extension of approval to collect 
this information in order to provide employers wishing to employ 
homeworkers and workers with disabilities under the provisions of 
sections 11(d) and 14(c) of the FLSA, with the necessary certificates 
for such employment.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Application for Special Industrial Homeworker's Certificate 
(WH-2); Application for Authority to Employ Workers with Disabilities 
at Special Minimum Wages (WH-226); Supplemental Data Sheet for 
Application for Authority to Employ Workers with Disabilities at 
Special Minimum Wages (WH-226A).
    OMB Number: 1215-0005.
    Agency Numbers: WH-2, WH-226, WH-226A.
    Affected Public: Individuals or households; Business or other for-
profit; Farms; Not-for-profit institutions; State, Local, or Tribal 
Government.
    Frequency: On occasion.

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                                                                                 Time per
                Form                     Respondents         Responses        response (min)      Burden hours
----------------------------------------------------------------------------------------------------------------
WH-2................................                 50                 50                 30                 25
WH-226..............................              4,500              4,500                 45              3,375
WH-226A.............................              4,500             12,000                 45              9,000
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    Total Respondents: 4,550.
    Total Responses: 16,550.
    Estimate Total Burden Hours: 12,400.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $1,638.
    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.

Request for Employment Information (CA-1027)

I. Background

    Payment of compensation for partial disability to injured Federal 
workers is required by 5 U.S.C. 8106. That section also requires the 
Office of Workers' Compensation Programs (OWCP) to obtain information 
regarding a claimant's earnings during a period of eligibility to 
compensation. The CA-1027, Request for Employment Information, is the 
form used to obtain information for an individual who is employed by a 
private employer. The information is used to determine the claimant's 
entitlement to compensation benefits.

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;
     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 submissions of responses.

III. Current Actions

    The Department of Labor seeks the extension of approval to collect 
this information in order to determine a claimant's eligibility for 
compensation benefits.
    Review: Extension.
    Agency: Employment Standards Administration.
    Title: Request for Earnings Information.
    OMB Number: 1215-0105.
    Agency Numbers: CA-1027.
    Affected Public: Business or other for-profit.
    Frequency: On occasion.
    Total Respondents: 500.
    Total Responses: 500.
    Time Per Response: 15 minutes.
    Estimated Total Burden Hours: 125.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $180.
    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: October 13, 2000.
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. 00-26883 Filed 10-18-00; 8:45 am]
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