Proposed Collection; Comment Request [03/19/2003]
Volume 68, Number 53, Page 13333-13334
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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: Application for
Certificate to Employ Homeworkers, WH-46, Piece Rate Measurements, and
Homeworker Handbook (WH-75). 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 May 19, 2003.
ADDRESSES: Ms. Hazel M. Bell, U.S. Department of Labor, 200
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone
(202) 693-0418, fax (202) 693-1451, e-mail hbell@fenix2.dol-esa.gov.
Please use only one method of transmission for comments (mail, fax, or
e-mail).
SUPPLEMENTARY INFORMATION
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
requirements of the Act. Restrictions exist on seven homework
industries, (knitted outerwear, women's apparel, jewelry manufacturing,
gloves and mittens, button and buckle manufacturing, handkerchief
manufacturing, and embroideries). Homework in these industries is
permitted only in certain hardship cases. Homework is permitted under
FLSA in all other industries, provided the employer maintains
homeworker handbooks for such employees who record hours of work and
certain other required payroll information. Further, employers of
homeworkers in certain restricted industries must first obtain a
certification from the Department of Labor authorizing the employment
of such workers. Employers in the restricted industries under the
certification program who pay workers based on piece rates must
maintain documentation of the work measurements used to establish such
piece rates and the circumstances under which measurements were
conducted. This information collection is currently approved for use
through September 30, 2003.
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 approval for
the extension of this information collection in order to assure
compliance with the FSLA in homework employment.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: Application to Employ Homeworkers.
OMB Number: 1215-0013.
Agency Number: WH-46 and WH-75.
Affected Public: Business of other for-profit; Individuals or
households; Not-for-profit institutions.
Total Respondents (Recordkeeping and Reporting): 4,650.
Total Responses (Recordkeeping and Reporting): 18,575.
Time per Response: 30 minutes.
Frequency: On Occasion.
Estimated Total Burden Hours (Recordkeeping and Reporting): 9,517.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): $0.
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Avg. time per
Title Form No. Number of Number of responses Burden hr(s)
respondents responses (min)
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Application To Employ WH-46 50 25 30 12.5
Homeworkers....................
Homeworker Handbooks............ WH-75 4,600 18,400 30 9,200
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[[Page 13334]]
Recordkeeping Burden
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Number of Number of Avg. time per
Title recordkeepers records response (min) Burden hours
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Piece Rate Measurement.......................... 50 150 60\1/2\ 151.25
Homeworker Handbooks............................ 1,150 18,400 \1/2\ 153
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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: March 13, 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. 03-6558 Filed 3-18-03; 8:45 am]
BILLING CODE 4510-27-P
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