Proposed Collection; Comment Request [05/21/2004]
Volume 69, Number 99, Page 29331-29332
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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 (DOL), 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: Applications to Employ
Special Industrial Homeworkers and Workers with Disabilities (Forms WH-
2, WH-226 and WH-226A). 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 July 20, 2004.
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 bell.hazel@dol.gov. Please
use only one method of transmission for comments (mail, fax or E-mail).
SUPPLEMENTARY INFORMATION
I. Background
Fair Labor Standards Act (FLSA) section 11(d) 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. DOL restricts homework in seven industries
(knitted outerwear, women's apparel, jewelry manufacturing, gloves and
mittens, button and buckle manufacturing, handkerchief manufacturing
and embroideries) to those employers who obtain certificates.
In order to prevent curtailment of employment opportunities for
persons with disabilities, FLSA section 14(c) allows employers to apply
for a certificate from DOL authorizing payment of less than the Federal
minimum wage to workers with impaired productivity because of
disabilities.
Employers in a restricted industry use Form WH-2, when requesting
permission to employ an individual industrial homeworker who is unable
to work in a factory setting because he or she (a) is unable to adjust
to such work because of age, or physical or mental disability; (b) is
unable to leave home because his or her presence is required to care
for an invalid in the home or (c) will be engaged in industrial
homework under the supervision of a State Vocational Rehabilitation
Agency.
Employers use Form WH-226 and the supplemental data Form WH-226A
when requesting authorization to employ workers with disabilities in
competitive employment, in work centers and in hospitals or
institutions at subminimum wages that are commensurate with wages paid
to workers with no disabilities. School officials also use this form to
request authorization for groups of students with disabilities to
participate in school work experience programs. State vocational
rehabilitation counselors and Veterans Administration officials use the
form to grant or extend temporary authorization to employ on-the-job
trainees with disabilities.
This information collection is currently approved for use through
November 30, 2004.
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
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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
DOL seeks approval for the extension of this information collection
in order to ensure effective administration of agency programs
regarding the employment of homeworkers in restricted industries and
payment of subminimum wages to workers with disabilities.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: Applications to Employ Special Industrial Homeworkers and
Workers with Disabilities.
OMB Number: 1215-0005.
Agency Number: WH-2, WH-226, WH-226A.
Affected Public: Business or other for-profit, Individuals or
household, Not-for-profit institutions, Farms, State, Local or Tribal
Government.
Total Respondents: 4,550.
Total Responses: 16,550.
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Time per
Form Number of Number of response (in Burden hours
respondents responses minutes)
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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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Frequency: Annually and Biennially.
Estimated Total Burden Hours: 12,400.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): $1,820.
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: May 17, 2004.
Sue R. Blumenthal,
Acting Chief, Branch of Management Review and Internal Control,
Division of Financial Management, Office of Management, Administration
and Planning, Employment Standards Administration.
[FR Doc. 04-11495 Filed 5-20-04; 8:45 am]
BILLING CODE 4510-27-P
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