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November 9, 2008    DOL Home > ESA

ESA Federal Register Notice

Proposed Collection; Comment Request [03/11/2005]

[PDF Version]

Volume 70, Number 47, Page 12240-12241

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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: Housing Terms and
Conditions (WH-521). 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 10, 2005.

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

    The Migrant and Seasonal Agricultural Worker Protection Act (MSPA),
29 U.S.C. 1801 et seq., Section 201(c) requires any farm labor
contractor, agricultural employer or agricultural association providing
housing to any migrant agricultural worker to post in a conspicuous
place, or present to the migrant worker, a statement of any housing
occupancy terms and conditions. In addition, MSPA Section 201(g)
requires a farm labor contractor, agricultural employer or agricultural
association providing housing to any migrant agricultural worker to
give such information in English, or as necessary and reasonable, in a
language common to the worker and that the Department of Labor (DOL)
makes forms available to provide such information. The implementing
regulations for the MSPA set forth, at 29 CFR 500.75(f) and (g), the
housing terms that a farm labor contractor, agricultural employer or
agricultural association providing housing to any migrant agricultural
worker must post or give in a written statement to the worker.
Regulation 29 CFR 500.1(i)(2) provides for Form WH-521 that a farm
labor contractor, agricultural employer or agricultural association may
use, at its option, to satisfy MSPA requirements. Form WH-521 is an
optional form that a farm labor contractor, agricultural employer or
agricultural association may post or present to a migrant agricultural
worker to list the housing terms and conditions. While use of the Form
WH-521 is optional, the MSPA requires disclosure of the information.
This information collection is currently approved for use through
September 30, 2005.

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 approval of the extension of this
information collection to carry out it's statutory responsibility to
ensure that farm labor contractor, agricultural employer or
agricultural association providing housing to any migrant agricultural
worker to post in a conspicuous place, or present to the migrant
worker, a statement of any housing occupancy terms and conditions.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Titles: Housing Terms and Conditions.
    OMB Number: 1215-0146.
    Agency Numbers: WH-521.
    Affected Public: Farms; Individual or households; Business or other
for-profit.
    Total Respondents: 1,300.
    Total Annual responses: 1,300.

[[Page 12241]]

    Estimated Total Burden Hours: 650.
    Estimated Time Per Response: 30 minutes.
    Frequency: On Occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $0.
    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 7, 2005.
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. 05-4801 Filed 3-10-05; 8:45 am]

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