Proposed Collection; Comment Request [01/29/2003]
Volume 68, Number 19, Page 4523
[[Page 4523]]
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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 collection: Employment Under Special
Certificates of Apprentices, Messengers and Learners (including Student
Learners) (WH-205, WH-209). A copy of the proposed information
collection request 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 March 31, 2003.
ADDRESSES: Ms. Patricia A. Forkel, U.S. Department of Labor, 200
Constitution Ave., NW,. Room S-3201, Washington, DC 20210, telephone
(202) 693-0339, fax (202) 693-1451, E-mail pforkel@fenix2.dol-esa.gov.
Please use only one method of transmission for comments (mail, fax, or
E-mail).
SUPPLEMENTARY INFORMATION:
I. Background
Under section 14(a) of the Fair Labor Standards Act (FLSA), the
Secretary of Labor is required, to the extent necessary to prevent
curtailment of employment opportunities, to provide for employment
under special certificates of categories of workers who may be paid
less than the statutory minimum wage. This section also authorizes the
Secretary to set limitations on such employment as to time, number,
proportion and length of service. These workers include apprentices,
messengers and learners. Form WH-209 is an Application for a
Certificate to Employ Learners/Messengers at Subminimum Wages. The WH-
205 is an Application to Employ Student Learners at Subminimum wages.
In addition, an employer may obtain authority from the Department to
employ apprentices at subminimum wages. There is no application form
associated with the application for apprentices; the employer must
submit a copy of the registered apprenticeship program or agreement.
These requirements are found at 29 CFR part 520. This information
collection is currently approved for use through July 31, 2003.
II. Review Focus
The Department of Labor is particularly interested in comments
which:
[sbull] 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;
[sbull] 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;
[sbull] Enhance the quality, utility and clarity of the information
to be collected; and
[sbull] 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 whether statutory and regulatory
requirements for the employment of messengers/apprentices/learners have
been met. There is no change in the substance or method of collection
since the last OMB approval.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: Employment Under Special Certificates of Apprentices,
Messengers and Learners (including Student Learners).
OMB Number: 1215-0192.
Agency Number: WH-205, WH-209.
Affected Public: Business or other for-profit, Individuals or
households, Not-for-profit institutions, State, Local or Tribal
Government.
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Respondents/ Time per
Form/requirement responses response Burden hours
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WH-209....................................................... 0 NA 0
WH-205....................................................... 400 30 min. 200
Apprentice Application....................................... 0 NA 0
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Total Respondents/Responses: 400.
Frequency: Annually.
Estimated Total Burden Hours: 400.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): $2,866.
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: January 23, 2003.
Bruce Bohanon,
Chief, Branch of Management Review and Internal Control, Division of
Financial Management, Office of Management, Administration and
Planning, Employment Standards Administration.
[FR Doc. 03-2015 Filed 1-28-03; 8:45 am]
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